§ 25-2728 — Appeals; parties; applicability of sections

Nebraska § 25-2728

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(1) Any party in a civil case and any defendant in a criminal case may appeal from the final judgment or final order of the county court to the district court of the county where the county court is located. In a criminal case, a prosecuting attorney may obtain review by exception proceedings pursuant to sections 29-2317 to 29-2319 .
(2) Sections 25-2728 to 25-2738 shall not apply to:
(a) Appeals in eminent domain proceedings as provided in sections 76-715 to 76-723 ;
(b) Appeals in proceedings in the county court sitting as a juvenile court as provided in sections 43-2,106 and 43-2,106.01 ;
(c) Appeals in matters arising under the Nebraska Probate Code as provided in section 30-1601 ;
(d) Appeals in matters arising under the Nebraska Uniform Trust Code;
(e) Appeals in matters arising under the Health Care Surrogacy Act as provided in section 30-1601 ;
(f) Appeals in adoption proceedings as provided in section 43-112 ;
(g) Appeals in inheritance tax proceedings as provided in section 77-2023 ; and
(h) Appeals in domestic relations matters as provided in section 25-2739 .

Legislative History

Source: Laws 1981, LB 42, § 1; Laws 1984, LB 13, § 19; Laws 1986, LB 529, § 11; Laws 1989, LB 182, § 8; R.S.Supp.,1989, § 24-541.01; Laws 1991, LB 732, § 69; Laws 1994, LB 1106, § 2; Laws 1995, LB 538, § 2; Laws 2000, LB 921, § 25; Laws 2003, LB 130, § 118; Laws 2010, LB800, § 3; Laws 2018, LB104, § 20. Cross References: Health Care Surrogacy Act, see section 30-601. Nebraska Probate Code, see section 30-2201. Nebraska Uniform Trust Code, see section 30-3801. Annotations: A county court's order overruling the defendant's motion to seal records, filed years after her case had been dismissed, was a final, appealable order, because the order ruled on a postjudgment motion and affected a substantial right. The right invoked was the statutory right to remove the record of the defendant's citation from the public record, no mere technical right. State v. Coble, 299 Neb. 434, 908 N.W.2d 646 (2018). The method of obtaining district court review of decisions rendered by the county court is by appeal pursuant to this section. Miller v. Brunswick, 253 Neb. 141, 571 N.W.2d 245 (1997). Under subsection (2) of this section, order of county court dismissing motion to remove personal representative was appealable. In re Estate of Snover, 233 Neb. 198, 443 N.W.2d 894 (1989). Pursuant to subsections (1) and (4) of this section, an appeal from a determination by the county court, juvenile division, that a juvenile lacks proper parental care by reason of the fault or habits of his parent under the provisions of section 43-247(3), is properly taken to the district court; the Supreme Court has no authority to hear such an appeal which does not involve the termination of parental rights. In re Interest of J.S.O., 231 Neb. 529, 436 N.W.2d 837 (1989). The right to appeal the final order or judgment of a county court grounded in this section and section 29-611 does not include a constitutionally grounded right to a speedy appeal. State v. Schroder, 218 Neb. 860, 359 N.W.2d 799 (1984). The right to appeal from orders of a county court sitting as a juvenile court, insofar as that right is vested in the child's custodian, is vested only in individuals or entities having legal custody of such a child, and not in those persons having only possession of the child. In re Interest of S.R., 217 Neb. 528, 352 N.W.2d 141 (1984). The docket fee requirement contained in section 25-2729 necessarily applies to appeal brought by a prosecuting attorney pursuant to sections 29-824 to 29-826, because this section does not expressly exclude sections 29-824 to 29-826 from the application of section 25-2729. State v. McArthur, 12 Neb. App. 657, 685 N.W.2d 733 (2004).