Civil Procedure - Supreme Court Review
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Authors
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|To perfect an appeal from district court to the supreme court under section 25-1912 of the Nebraska Revised Statutes, an appellant must file a notice of appeal within one month after the rendition of the decree or overruling of a motion for new trial and must deposit the required docket fee with the clerk of the district court. Although seemingly straightforward, the appellate procedure has proved troublesome for many Nebraska attorneys. |In Dale Electronics, Inc. v. Federal Insurance Co., the Nebraska Supreme Court took a large step toward eliminating some of the traps in the appellate procedure. Prior to Dale, the court had strictly construed the words rendition of judgment as requiring that an actual docket entry be made before an effective notice of appeal could be filed. In Dale, the court was faced with determining "what effect should be given to a notice of appeal filed after the trial court has announced its decision by letter or otherwise, but before there has been a rendition or entry of judgment." The court relied on cases from other jurisdictions in deciding that a prematurely filed notice of appeal becomes effective upon rendition or entry of judgment. The court specifically stated that an effective notice of appeal must show on its face that the notice relates to the trial court's decision and the record must show that judgment was entered in accordance with the court's decision...
Description
Citation
13 Creighton L. Rev. 131 (1979-1980)
Publisher
Creighton University School of Law