Judgments: Jurisdiction: Appeal and Error. A
jurisdictional issue that does not involve a factual dispute
presents a question of law, which an appellate court
Judgments: Words and Phrases. A judgment is
the final determination of the rights of the parties in an
Final Orders: Appeal and Error. Under Neb.
Rev. Stat. § 25-1902 (Reissue 2016), the three types of
final orders which may be reviewed on appeal are (1) an order
which affects a substantial right and which determines the
action and prevents a judgment, (2) an order affecting a
substantial right made during a special proceeding, and (3)
an order affecting a substantial right made on summary
application in an action after judgment is rendered.
Final Orders: Words and Phrases. A
substantial right is an essential legal right.
from the District Court for Lancaster County: John A.
Watson, pro se.
H. Lindquist, PC, L.L.O., for appellee Mutual of Omaha Bank.
Neb. 834] Heavican, C.J., Miller-Lerman, Cassel, Stacy,
Funke, Papik, and Freudenberg, JJ.
W. Watson appeals from an order of the district court denying
his request for a stay of an order of sale in a judicial
foreclosure action. Watson claims he was entitled to such a
stay under Neb. Rev. Stat. § 25-1506 (Reissue 2016). We
conclude that the order denying the request for a stay was
not appealable and therefore dismiss the appeal.
not the first time this matter has come before this court.
After the district court determined that Watson and his
former spouse owed Mutual of Omaha Bank (Mutual) $533,
459.36, ordered an execution sale, and foreclosed Watson and
his former spouse from asserting any interest in the relevant
property, Watson perfected a timely appeal. We affirmed. See
Mutual of Omaha Bank v. Watson, 297 Neb. 479, 900
N.W.2d 545 (2017).
our opinion was issued, Mutual applied to the district court
for and received a supplemental decree. In the supplemental
decree, the court stated that Mutual paid sums connected to
the mortgaged property that were not included in the initial
decree and ordered that those amounts be added to the amount
due Mutual. Watson requested a stay of the order of sale. The