§ 25-2807 — Appeals

Nebraska § 25-2807

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

Text

Unless the controversy is subject to the Uniform Arbitration Act, 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.

Legislative History

Source: Laws 1972, LB 1032, § 27; Laws 1975, LB 283, § 3; Laws 1980, LB 892, § 3; Laws 1981, LB 42, § 12; R.S.1943, (1985), § 24-527; Laws 1997, LB 151, § 11. Cross References: Uniform Arbitration Act, see section 25-2601. Annotations: In accordance with section 25-2733, a district court reviews a judgment rendered by a small claims court for error appearing on the record, and in the absence of specific findings of fact, the district court will presume that the controverted facts were decided in favor of the successful party and proceed to review the record for competent evidence in support thereof. Sedighi v. Schnackel Engineers, 317 Neb. 890, 12 N.W.3d 507 (2024). A party appealing a judgment entered in a small claims court may be assisted by an attorney in perfecting an appeal of the judgment from the small claims court to the district court. Gibbons v. Don Williams Roofing, Inc., 261 Neb. 470, 623 N.W.2d 662 (2001). Because no formal pleadings are required in Small Claims Court, a decision of that court will be affirmed on appeal if it can be founded on any theory supported by the evidence. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980). Filing a notice of appeal falls within the "on appeal" language in this section, and consequently, an attorney may sign a notice of appeal on behalf of a party appealing from a small claims court decision. Hayes v. Applegarth, 10 Neb. App. 351, 631 N.W.2d 547 (2001).