Friday, May 25, 2007

Nebraska Supreme Court dismisses appeal of profligate relatives who challenged revival of decedent's asset recovery action against them after probate estate administrator took over case from his conservatorship. Supreme Court overrules several older cases that held revival orders were appealable. Platte Valley Nat. Bank v. Lasen, S-05-1073 Decedent came under court ordered conservatorship several years ago and local bank sued the defendants to recover assets for the protected person. Later he died and his estate personal representative revived the action. The defendants objected to revival and appealed the county court's order. Supreme Court dismisses the appeal, holding that whether the court revives the action under 25-322 or 25-1403-1420 it is a non-final order. We now hold that an order reviving an action, whether the order was entered in proceedings under § 25-322 or under §§ 25-1403 to 25-1420, is not a final order from which an appeal may immediately be taken. the order may be reviewed after final judgment in the case. to the extent that Willis v. Rose, 223 Neb. 49, 388 n.W.2d 101 (1986); Keefe v. Grace, 142 Neb. 330, 6 n.W.2d 59 (1942); Levin v. Muser, 107 neb. 230, 185 n.W. 431 (1921); Missouri P. R. Co. v. Fox, 56 Neb. 746, 77 n.W.130 (1898); and Hendrix v. Rieman, 6 Neb. 516 (1877), hold otherwise, they are disapproved.

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