Clason v. LOL Investments, LLC

Summary

The Nebraska Supreme Court affirmed the dismissal of Steven E. Clason’s appeal for lack of jurisdiction. The court held that an order resolving competing quiet title claims was not appealable under Neb. Rev. Stat. § 25-1315(1) because counterclaims for ejectment and unjust enrichment remained pending and the order lacked the required certification for immediate appeal. The court also held that partition-action precedents did not apply and noted that the unresolved attorney-fee request could independently prevent appealability.

Holdings

1. An appeal from an order resolving fewer than all claims or the rights of fewer than all parties is permitted under § 25-1315(1) only when multiple claims or parties exist, the order is final as to one or more but fewer than all claims or parties, and the trial court expressly directs entry of judgment and expressly determines that there is no just reason for delay. Without that certification, no appeal lies until all claims have been disposed of as to all parties.
2. The rule permitting an appeal from a title determination at the first stage of a partition action does not apply to a quiet title action involving separate counterclaims for ejectment and unjust enrichment.
3. When a pre-judgment motion for attorney fees under Neb. Rev. Stat. § 25-824 remains unresolved, the judgment is not final and appealable; an unresolved request for such fees may independently prevent appellate jurisdiction.

Questions Presented

1. Whether the district court's August 12, 2020, order resolving the competing quiet title claims was a final, appealable order under Nebraska's final-order and partial-judgment statutes when PLCC's counterclaims for ejectment, unjust enrichment, and attorney fees remained pending.
2. Whether Nebraska's partition-action precedents permitting an appeal from an order determining title before completion of partition applied to this quiet title action.
3. Whether the unresolved request for attorney fees under Neb. Rev. Stat. § 25-824 independently prevented the order from being final and appealable.

Disposition

affirmed