Heckman v. Marchio

Summary

The Nebraska Supreme Court dismissed an appeal from an order disqualifying counsel because the order was not a final order and no statute authorized an interlocutory appeal. The court held that appellate jurisdiction in Nebraska is purely statutory and overruled Richardson v. Griffiths and related decisions to the extent they authorized appellate jurisdiction without a judgment or final order and specific statutory authorization.

Holdings

1. The Nebraska Supreme Court lacks appellate jurisdiction unless the appeal is specifically authorized by statute and is taken from a judgment or final order.
2. The Nebraska Supreme Court may not create an exception to the statutory final-order requirement and may not allow an appeal that is not authorized by statute.
3. Richardson v. Griffiths and cases relying on it are overruled to the extent they authorized appellate jurisdiction in the absence of a judgment or final order and without specific statutory authorization.

Questions Presented

1. Whether the Nebraska Supreme Court had appellate jurisdiction over an appeal from a district court order disqualifying counsel when the order was not a final order.
2. Whether the court's prior decision in Richardson v. Griffiths could authorize an interlocutory appeal without specific statutory authorization.
3. Whether Richardson v. Griffiths and cases relying on it should be overruled to the extent they authorized appellate jurisdiction absent a judgment or final order and specific statutory authorization.

Disposition

dismissed