Walter A. Barrios, appellee,
Commissioner of Labor of the Nebraska Department of Labor, appellant, and Custom Rental Services, Inc., appellee.
Administrative Law: Judgments: Appeal and
Error. A judgment or final order rendered by a
district court in a judicial review pursuant to the
Administrative Procedure Act may be reversed, vacated, or
modified by an appellate court for errors appearing on the
___: ___ . When reviewing an order of a district court under
the Administrative Procedure Act for errors appearing on the
record, the inquiry is whether the decision conforms to the
law, is supported by competent evidence, and is neither
arbitrary, capricious, nor unreasonable.
Judgments: Appeal and Error. Whether a
decision conforms to law is by definition a question of law,
in connection with which an appellate court reaches a
conclusion independent of that reached by the lower court.
Jurisdiction: Appeal and Error. Before
reaching the legal issues presented for review, it is the
duty of an appellate court to determine whether it has
jurisdiction over the matter before it.
Jurisdiction: Final Orders: Appeal and
Error. For an appellate court to acquire
jurisdiction of an appeal, there must be a final order
entered by the court from which the appeal is taken;
conversely, an appellate court is without jurisdiction to
entertain appeals from non-final orders.
Final Orders: Appeal and Error. If an order
is interlocutory, immediate appeal from the order is
disallowed so that courts may avoid piecemeal review, chaos
in trial procedure, and a succession of appeals granted in
the same case to secure advisory opinions to govern further
actions of the trial court.
Administrative Law: Appeal and Error. Under
the Administrative Procedure Act, the district court sits as
an intermediate appellate court. [25 Neb.App. 836]
Courts: Final Orders: Appeal and Error. When
a district court, sitting as an intermediate appellate court,
enters an order that affects a substantial right, that order
is final for purposes of appeal if its judgment can be
executed without any further action by the district court.
___: ___ . Where the district court, sitting as an
intermediate appellate court, reverses a judgment in favor of
a party, and remands the matter for further proceedings, that
party's substantial right has been affected.
Estoppel: Words and Phrases. Equitable
estoppel is a bar which precludes a party from denying or
asserting anything to the contrary of those matters
established as the truth by his or her own deeds, acts, or
Equity: Estoppel. The doctrine of equitable
estoppel applies where, as a result of conduct of a party
upon which another person has in good faith relied to his or
her detriment, the acting party is absolutely precluded, both
at law and in equity, from asserting rights which might have
Estoppel. The elements of equitable estoppel
are, as to the party estopped: (1) conduct which amounts to a
false representation or concealment of material facts, or at
least which is calculated to convey the impression that the
facts are otherwise than, and inconsistent with, those which
the party subsequently attempts to assert; (2) the intention,
or at least the expectation, that such conduct shall be acted
upon by, or influence, the other party or other persons; and
(3) knowledge, actual or constructive, of the real facts.
. The elements of equitable estoppel are, as to the party
claiming estoppel: (1) lack of knowledge and of the means of
knowledge of the truth as to the facts in question; (2)
reliance, in good faith, upon the conduct or statements of
the party to be estopped; and (3) action or inaction based
thereon of such a character as to change the position or
status of the party claiming the estoppel, to his or her
injury, detriment, or prejudice.
Administrative Law: Courts: Appeal and
Error. Under the Administrative Procedure Act, the
district court has the discretion to remand a matter for
resolution of issues that were not raised before the agency
if the court determines that the interest of justice would be
served by the resolution of any other issue not raised before
Rules of the Supreme Court: Administrative Law:
Corporations: Attorneys at Law. Under the Nebraska
Supreme Court rules, a corporate officer who is not a lawyer
is not prohibited from representing the corporation at an
agency hearing under certain conditions.
Neb.App. 837] Appeal from the District Court for Hall County:
Mark J. Young, Judge. Affirmed in part as modified, and in
S. Thurber, Thomas A. Ukinski, and Dale M. Shotkoski for
A. Wagoner for appellee Walter A. Barrios.
Riedmann and Bishop, Judges, and Inbody, Judge, Retired.