Great Northern Ins. Co. v. Transit Auth. of Omaha

Summary

The Nebraska Supreme Court held that an amendment to Neb. Rev. Stat. § 25-1902 making certain denials of summary judgment based on sovereign immunity immediately appealable was procedural rather than substantive. Because the amendment took effect before the Transit Authority filed its notice of appeal, the Court of Appeals had jurisdiction. The court reversed the dismissal and remanded for further proceedings.

Holdings

1. The September 1, 2019, amendment to § 25-1902 was procedural rather than substantive and was binding upon its effective date; therefore, it applied when Metro filed its notice of appeal after the amendment took effect.
2. The Court of Appeals had jurisdiction because Metro's notice of appeal was filed after the amended § 25-1902 took effect and Metro otherwise complied with the requirements for perfecting an appeal under § 25-1912.

Questions Presented

1. Whether the Nebraska Court of Appeals had jurisdiction over Metro's appeal from the August 23, 2019, order denying summary judgment based on sovereign immunity.
2. Whether the September 1, 2019, amendment to Neb. Rev. Stat. § 25-1902, which made such an order a final order, was procedural and therefore applicable before Metro filed its notice of appeal.

Disposition

reversed_and_remanded