Jurisdiction: Appeal and Error. A
jurisdictional question which does not involve a factual
dispute is determined by an appellate court as a matter of
Statutes. Statutory interpretation is a
question of law.
Judgments: Appeal and Error. An appellate
court reviews questions of law independently of the lower
Jurisdiction: Time: Notice: Appeal and
Error. In order to vest an appellate court with
jurisdiction, a party must file a notice of appeal within 30
days of the judgment, decree, or final order from which the
party is appealing.
Motions for New Trial: Time: Notice: Appeal and
Error. A timely motion for new trial terminates the
running of the time for filing a notice of appeal, giving the
party 30 days from the entry of the order denying the motion
to file a notice of appeal.
Statutes: New Trial. The plain language of
the savings clause in Neb. Rev. Stat. § 25-1144.01
(Reissue 2016) does not contain a finality requirement.
for further review from the Court of Appeals. Moore, Chief
Judge, and Inbody and Pirtle, Judges, on appeal thereto from
the District Court for Platte County, Robert R. Steinke,
Judge. Judgment of Court of Appeals reversed, and cause
remanded for further proceedings.
Neb. 789] Stephen L. Ahl and Krista M. Carlson, of Wolfe,
Snowden, Hurd, Luers & Ahl, L.L.P., and Barry D. Geweke,
of Stowell & Geweke, PC, L.L.O., for appellants.
M. Lingelbach, of Koley Jessen, P.C., L.L.O., for appellee.
Heavican, C.J., Wright, Cassel, Stacy, Kelch, and Funke, JJ.
Nebraska Court of Appeals dismissed this appeal, finding it
was not timely filed. On further review, we apply the savings
clause of Neb. Rev. Stat. § 25-1144.01 (Reissue 2016)
and conclude the notice of appeal was timely filed. We
therefore reinstate the appeal and remand the matter to the
Court of Appeals for further proceedings.
in District Court
International Sales & Service, LLC (Lindsay), sued Jerome
Pribil and Michael J. Wegener to collect amounts due on a
guaranty. The case was tried to a jury, and on July 21, 2016,
the jury returned a verdict in favor of Lindsay for $1, 019,
795.38. The court accepted the jury's verdict on the
record and discharged the jurors. The verdict forms were
filed with the clerk the same day, but judgment on the
verdict was not entered until 5 days later.
days after the jury returned its verdict, Lindsay filed a
motion for costs. On the same day, Pribil and Wegener filed a
motion for new trial. Both motions were efiled on July 25,
2016; the time stamp on the motion for costs shows it was
accepted for filing approximately 2 hours before the motion
for new trial.
next day, on July 26, 2016, the court entered judgment on the
jury's verdict. The judgment specifically noted,
"The [297 Neb. 790] assessment of court costs, which is
the subject of a separate motion filed by [Lindsay] and
scheduled for hearing to be conducted on August 5, 2016, will
be addressed by separate order of the Court." The
judgment did not mention the motion for new trial, but in a
separate order, the court set a hearing date of September 12
for the motion for new trial.
August 8, 2016, the court entered an order awarding Lindsay
costs of $3, 457.20. On October 14, the court entered an
order overruling the motion for new trial. On November 9,
Pribil and Wegener filed a notice of appeal. For easy
reference, the following timeline summarizes the critical
• July 21: Jury returns verdict; court accepts verdict.
• July 25: Lindsay files a motion for costs.
• July 25: Pribil and Wegener file a motion for new
• July 26: Court enters judgment on the jury verdict.
•August 8: Court grants Lindsay's motion for costs.
• September 12: Hearing held on motion for ...