Lindsay International Sales & Service v. Wegener

The Supreme Court reversed the district court’s dismissal of this appeal, applied the savings clause of Neb. Rev. Stat. 25-1144.01, and reinstated the appeal, holding that, contrary to the conclusion of the district court, the notice of appeal was timely filed.Plaintiff sued Defendants to collect amounts due on a guaranty. The jury returned a verdict in favor of Plaintiff. One day after judgment on the verdict was entered, Plaintiff filed a motion for costs and Defendants filed a motion for new trial. The court granted the motion for costs and overruled the motion for new trial. Defendants then filed a notice of appeal. The court of appeals dismissed the appeal as untimely. The Supreme Court reversed and reinstated the appeal, holding that the appeal time did not start to run until the motion for new trial was ruled upon, and because Defendants filed their notice of appeal within thirty days of that date, their appeal should not have been dismissed as untimely. View "Lindsay International Sales & Service v. Wegener" on Justia Law