Hayes v. Applegarth

631 N.W.2d 547, 10 Neb. Ct. App. 351, 2001 Neb. App. LEXIS 150
CourtNebraska Court of Appeals
DecidedJuly 17, 2001
DocketA-99-797
StatusPublished
Cited by2 cases

This text of 631 N.W.2d 547 (Hayes v. Applegarth) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. Applegarth, 631 N.W.2d 547, 10 Neb. Ct. App. 351, 2001 Neb. App. LEXIS 150 (Neb. Ct. App. 2001).

Opinion

Carlson, Judge.

INTRODUCTION

This case originated in Lancaster County Small Claims Court where a decision was rendered against Joseph A. Applegarth and in favor of John K. Hayes. Applegarth appealed the decision of the small claims court to the district court for Lancaster County and now appeals the decision of the district court dismissing Applegarth’s appeal on the basis that it did not have jurisdiction.

BACKGROUND

Hayes filed an action against Applegarth in Lancaster County Court sitting as a small claims court. The action arose out of an automobile accident involving the sons of the two parties. Following a trial in the small claims court, judgment was entered in favor of Hayes in the amount of $1,461.62. *353 Applegarth proceeded to appeal the decision of the small claims court to the district court by timely filing a notice of appeal signed by Applegarth’s attorney and depositing a docket fee with the clerk of the county court. On its own motion, the district court raised the issue of whether it had jurisdiction over the appeal when Applegarth’s attorney, rather than Applegarth, signed the notice of appeal. The district court subsequently determined that having the attorney sign the notice of appeal was not in accordance with the applicable statutes and that therefore, it was without jurisdiction and the appeal must be dismissed. Applegarth now appeals the district court’s decision.

ASSIGNMENT OF ERROR

Applegarth assigns three alleged errors that can be summarized into one as follows: The district court erred in finding that it was without jurisdiction, thereby dismissing the appeal.

STANDARD OF REVIEW

When a jurisdictional question does not involve a factual dispute, determination of the jurisdictional issue is a matter of law, which requires an appellate court to reach a conclusion independent from the trial court’s conclusion on the jurisdictional issue. Currie v. Chief School Bus Serv., 250 Neb. 872, 553 N.W.2d 469 (1996); Payne v. Nebraska Dept. of Corr. Servs., 249 Neb. 150, 542 N.W.2d 694 (1996).

Statutory interpretation presents a question of law, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below. Tilt-Up Concrete v. Star City/Federal, 261 Neb. 64, 621 N.W.2d 502 (2001); Gottsch Feeding Corp. v. State, 261 Neb. 19, 621 N.W.2d 109 (2001).

ANALYSIS

Neb. Rev. Stat. § 25-2803(2) (Reissue 1995) provides that “[n]o party shall be represented by an attorney in the Small Claims Court except as provided in section 25-2805.” Neb. Rev. Stat. § 25-2805 (Cum. Supp. 2000) permits an attorney for a party to transfer a case from small claims court to the regular docket of the county court. Neb. Rev. Stat. § 25-2807 (Cum. Supp. 2000) provides, in reference to a party appealing from a *354 small claims court decision, that “any party may appeal to the district court as provided in sections 25-2728 to 25-2738. Parties may be represented by attorneys on appeal.” In dismissing Applegarth’s appeal, the district court determined that when Applegarth filed his notice of appeal, the small claims court still had jurisdiction and that pursuant to § 25-2803(2), Applegarth could not have his attorney sign his notice of appeal.

As stated above, § 25-2807 provides that a party appealing from a small claims court decision may appeal to the district court “as provided in sections 25-2728 to 25-2807” and that parties may be represented by attorneys “on appeal.” We must determine whether the filing of the notice of appeal falls within the “on appeal” language in § 25-2807.

In construing a statute, it is presumed that the Legislature intended a sensible, rather than an absurd, result; an appellate court will, if possible, try to avoid a construction which would lead to absurd, unconscionable, or unjust results. State ex rel. Neb. Health Care Assn. v. Dept. of Health, 255 Neb. 784, 587 N.W.2d 100 (1998). It is the duty of the courts as far as practicable, to give effect to the language of a statute and to reconcile the different statutory provisions so they are consistent, harmonious, and sensible. Smith v. Smith, 242 Neb. 812, 497 N.W.2d 44 (1993). Likewise, a court will construe statutes relating to the same subject matter together so as to maintain a consistent and sensible scheme. Solar Motors v. First Nat. Bank of Chadron, 249 Neb. 758, 545 N.W.2d 714 (1996).

In determining whether the filing of the notice of appeal falls within the “on appeal” language in § 25-2807, we look to Neb. Rev. Stat. §§ 25-2728 to 25-2738 (Reissue 1995), which pursuant to § 25-2807 govern the appeal process for a party appealing from small claims court. Sections 25-2728 to 25-2738 are the standard appeal provisions that govern appeals from county courts to district courts. Pursuant to § 25-2807, appeals from small claims court decisions are governed by the same statutes that govern appeals from county court decisions. Once the small claims court rendered its decision, the entire appeal process from that point forward is governed by §§ 25-2728 to 25-2738. Section 25-2729 establishes the procedure for appeals from county court to district court. Section 25-2729 states in part as follows:

*355 (1) In order to perfect an appeal from the county court, the appealing party shall within thirty days after the rendition of the judgment or making of the final order complained of:
(a) File with the clerk of the county court a notice of appeal; and
(b) Deposit with the clerk of the county court a docket fee in the amount of the filing fee in district court.
(2) Satisfaction of the requirements of subsection (1) of this section shall perfect the appeal and give the district court jurisdiction of the matter appealed.

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Bluebook (online)
631 N.W.2d 547, 10 Neb. Ct. App. 351, 2001 Neb. App. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-applegarth-nebctapp-2001.