MBNA AMERICA BANK, NA v. Hansen

745 N.W.2d 609, 16 Neb. Ct. App. 536, 2008 Neb. App. LEXIS 46
CourtNebraska Court of Appeals
DecidedMarch 4, 2008
DocketA-06-748
StatusPublished

This text of 745 N.W.2d 609 (MBNA AMERICA BANK, NA v. Hansen) 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
MBNA AMERICA BANK, NA v. Hansen, 745 N.W.2d 609, 16 Neb. Ct. App. 536, 2008 Neb. App. LEXIS 46 (Neb. Ct. App. 2008).

Opinion

745 N.W.2d 609 (2008)
16 Neb. App. 536

MBNA AMERICA BANK, N.A., appellee,
v.
Paul John HANSEN, appellant.

No. A-06-748.

Court of Appeals of Nebraska.

March 4, 2008.

*612 Paul John Hansen, pro se.

Margaret A. McDevitt and Karl von Oldenburg, of Brumbaugh & Quandahl, P.C., L.L.O., Omaha, for appellee.

IRWIN, CARLSON, and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

This matter comes before us upon the motion for rehearing filed by Paul. John Hansen in response to our summary affirmance. We granted the motion in part, relating only to Hansen's claim that the county court lacked subject matter jurisdiction to confirm an arbitration award. We conclude that Nebraska's Uniform Arbitration Act commits such jurisdiction exclusively to the district court. Because the county court lacked jurisdiction, the appellate courts also lack jurisdiction.

BACKGROUND

MBNA America Bank, N.A. (MBNA), filed a complaint in the county court for Douglas County for judgment upon an arbitration award made pursuant to a contract between MBNA and Hansen. Hansen filed an answer admitting certain of MBNA's allegations, denying the remainder, and asserting three affirmative defenses, none of which addressed the issue before us on rehearing. After protracted proceedings in the county court, the court entered a summary judgment for MBNA.

Hansen appealed to the district court, where he filed a statement of errors asserting 18 errors, which generally pertained to Hansen's claims that he received inadequate notice of the county court proceedings, that there was a lack of evidence regarding the contract between MBNA and Hansen, that there was no evidence of an accounting ledger of MBNA supporting the debt, and that there were foundational issues regarding the evidence on summary judgment. The district court affirmed the judgment of the county court and remanded to the county court for execution of the judgment.

Hansen perfected an appeal to this court, and shortly thereafter, he filed a motion to dismiss for lack of subject matter jurisdiction. Hansen again asserted that he was not given notice of the proceedings in county court. He also argued that he never had a contract with MBNA and that he did not owe MBNA money. Based on his arguments about notice in the county court, it appeared that Hansen was attempting to challenge personal jurisdiction or due process, and we overruled the motion for summary dismissal. Thereafter, we summarily affirmed the district court's decision.

Hansen timely filed a motion for rehearing. The motion stated that Hansen "motions the court to dismiss this case for lack of subject matter jurisdiction" and that he "motions the court to dismiss the action with prejudice based on the fact that state law requires the arbitration to be confirmed only in a district court and not a county court as with this case." In the *613 last paragraph of the conclusion, Hansen asserted that the county court lacked jurisdiction because the Uniform Arbitration Act specified that the district court shall have jurisdiction. We sustained the motion for rehearing in part and granted rehearing limited to the issue of subject matter jurisdiction. We requested and received supplemental briefing on this issue from both parties. Pursuant to authority granted to this court under Neb. Ct. R. of Prac. 11B(1) (rev.2006), this case was ordered submitted without oral argument.

ASSIGNMENTS OF ERROR

In his initial appellate brief, Hansen assigned 20 errors. We need not set forth his assigned errors because the issue upon rehearing is limited solely to subject matter jurisdiction.

STANDARD OF REVIEW

When a lower court lacks the authority to exercise its subject matter jurisdiction to adjudicate the merits of the claim, issue, or question, an appellate court also lacks the power to determine the merits of the claim, issue, or question presented to the lower court. VanHorn v. Nebraska State Racing Comm., 273 Neb. 737, 732 N.W.2d 651 (2007).

A jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law, which requires the appellate court to reach a conclusion independent of the lower court's decision. Id.

A party may move for rehearing in an appellate court based upon any claimed mistakes or inaccuracies in statements of fact or law in the opinion, and any questions involved which the court is claimed to have failed to consider on the appeal. McCray v. Nebraska State Patrol, 271 Neb. 1, 710 N.W.2d 300 (2006); Neb. Ct. R. of Prac. 13D (rev.2006).

ANALYSIS

Subject matter jurisdiction is a court's power to hear and determine a case in the general class or category to which the proceedings in question belong and to deal with the general subject involved in the action before the court and the particular question which it assumes to determine. Rozsnyai v. Svacek, 272 Neb. 567, 723 N.W.2d 329 (2006). Lack of subject matter jurisdiction may be raised at any time by any party or by the court sua sponte. Bettennan v. Department of Motor Vehicles, 273 Neb. 178, 728 N.W.2d 570 (2007). Parties cannot confer subject matter jurisdiction upon a judicial tribunal by either acquiescence or consent, nor may subject matter jurisdiction be created by waiver, estoppel, consent, or conduct of the parties. Cummins Mgmt. v. Gilroy, 266 Neb. 635, 667 N.W.2d 538 (2003). Because absence of subject matter jurisdiction may be raised by any party at any time, we must consider the question even though it was first raised on rehearing.

We start by setting forth the general principles relating to the respective jurisdiction of the district and county courts. Neb. Const, art. V, § 9, states in pertinent part: "The district courts shall have both chancery and common law jurisdiction, and such other; jurisdiction as the Legislature may provide." The jurisdiction of the district courts conferred by the terms of the Nebraska Constitution, as thus conferred, is beyond the power of the Legislature to limit or control; while the Legislature may grant to the district courts such other jurisdiction as it may deem proper, it cannot limit or take away from such courts their broad and general jurisdiction which the constitution has conferred upon them. Susan L. v. Steven L., *614 273 Neb. 24, 729 N.W.2d 35 (2007). In Tynan v. Tate, 3 Neb. 388 (1874), the Nebraska Supreme Court recognized "the common law mode of arbitration." Because it appears that arbitration falls within the district court's common law jurisdiction, the Legislature is powerless to take away the district court's jurisdiction over such matters.

The Legislature granted district courts "general, original and appellate jurisdiction in all matters, both civil and criminal, except where otherwise provided." Neb. Rev.Stat. § 24-302 (Reissue 1995).

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Bluebook (online)
745 N.W.2d 609, 16 Neb. Ct. App. 536, 2008 Neb. App. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mbna-america-bank-na-v-hansen-nebctapp-2008.