Bryson L. v. Izabella L.

Summary

The Nebraska Supreme Court dismissed David B.'s appeal for lack of jurisdiction because his notice of appeal was untimely. The court held that his first motion to reconsider qualified as a timely motion to alter or amend, but his subsequent untimely motion did not extend or suspend the appeal period.

Holdings

1. The Nebraska Supreme Court lacked jurisdiction because David did not file his notice of appeal within the applicable 30-day period.
2. A motion qualifies as a motion to alter or amend if it is filed no later than 10 days after entry of judgment and seeks substantive alteration of the judgment.
3. An untimely motion to alter or amend does not terminate, extend, or suspend the time for filing a notice of appeal.

Questions Presented

1. Whether the Nebraska Supreme Court had appellate jurisdiction when David filed his notice of appeal after the district court denied a timely first motion to alter or amend and an untimely second motion to reconsider.
2. Whether a motion to vacate or reconsider filed within 10 days of a final order qualified as a motion to alter or amend and terminated the time for filing an appeal.
3. Whether a second motion to vacate or reconsider filed 11 days after the final order extended or suspended the time for filing an appeal.

Disposition

dismissed