Appeal Procedure in Nebraska: Pitfalls, Perspective and a Prognosis, The
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Authors
Volkmer, Ronald R.
Issue Date
1978
Volume
11
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In the recent Nebraska Supreme Court case of Spanheimer Roofing & Supply Co. v. Thompson, the majority of the Nebraska Supreme Court held that the appellant had not properly perfected his appeal to the Nebraska Supreme Court. The appeal was dismissed and the merits of the case were not reached. The fate that befell the appellant in Spanheimer was, sad to say, not atypical. A perusal of the Nebraska reports would indicate that a fair number of appellants have suffered a similar fate. Failure to comply with the statutory scheme for perfecting appeals has resulted in the cause winding up in the Supreme Court with the notation at the conclusion of the case that the appeal is dismissed. While, no doubt, many of these failures may be blamed upon counsel, it is at least possible that some of the failures have resulted from a statutory scheme that is inadequate, confusing, and outmoded.|The purpose of this article is to identify certain recurring problems in the area of appeal procedures in Nebraska. The analysis will be that of identifying the principal areas of concern in the light of current statutory procedures and judicial interpretations. The bulk of the discussion will center upon the appeal of civil cases from the district court to the Supreme Court of Nebraska. In reviewing this process, particular emphasis will be given to the following subjects: (1) the timing of the filing of the motion for new trial; (2) the timing of the filing of the notice of appeal; and (3) an examination of all relevant statutes pertaining to the appellate process. As will be seen, a recurring problem is the determination as to when a judgment was "rendered."...
Description
Citation
11 Creighton L. Rev. 1227 (1977-1978)
Publisher
Creighton University School of Law