Haber v. V & R Joint Venture

Summary

The Supreme Court of Nebraska dismissed an appeal and cross-appeal for lack of appellate jurisdiction. The court held that the appellant's notice of appeal, filed before the complete disposition of the appellee's motion for new trial, was of no effect under Neb. Rev. Stat. § 25-1912(3), and that neither party filed a new notice of appeal after the motion was resolved.

Holdings

1. Under Neb. Rev. Stat. § 25-1912(3), a notice of appeal filed before the court announces its decision on a timely terminating motion for new trial has no effect. Because V & R's motion had not been completely resolved when Haber filed her notice of appeal, the notice was ineffective.
2. The court lacked jurisdiction over both the appeal and cross-appeal because neither party filed a new notice of appeal after the district court completely disposed of V & R's motion for new trial.

Questions Presented

1. Whether the Nebraska Supreme Court had appellate jurisdiction when the notice of appeal was filed before the district court completely disposed of a timely motion for new trial.
2. Whether a new notice of appeal was required after the district court entered its order completely disposing of the terminating motion for new trial.

Disposition

dismissed