13-1315, state version of Federal Rule of Civil Procedure 54b applies also to intervention actions. Nebraska Court of Appeals (Judge Cassel) dismisses defendant's appeal in Bank's replevin lawsuit in Buffalo County District Court because other bank's intervention complaint was still pending.

TierOne Bank v. Cup-O-Coa, Inc., A-07-006

Defendant lost its replevin suit and after the District Court overruled its motion for new trial appealed the judgment but past the 30 day deadline. In the meantime 2nd bank filed an intevention complaint seeking to establish a superior lien on the property in the replevin action. Defendant did not get notice of the final order on the new trial from the District Court clerk and appealed after the 30 day deadline. While the Appeals Court suggested that the appeal would have been late because a party who does not receive notice of a final judgment must first move to vacate the judgment for lack of notice, the Court of appeals dismisses appeal because intervention action was still pending and under 25-1315 no case is final untill all claims and parties are final, unless the court certifies that a single judgment is final, as is the case in federal court civil litigation FRCP54(b). See also Malolepszy v. State, 270 N eb. 100, 699 N .W.2d 387 (2005){Supreme Court dismissed appeal in accident against State because third party claim against road contractor was not resolved}the reasoning of Malolepszy applies to a complaint in intervention. S ection 25-1315(1) refers to “more than one claim for relief,” but also adds “whether as a claim, counterclaim, cross-claim, or third-party claim.” While this language does not specifically mention a claim in intervention, neither does it limit the term to a plaintiff’s “claim.” N eb. Rev. S tat. § 25-329 (Cum S upp. 2006) refers to the “claim of the intervenor.” (Emphasis supplied.) S ee, also, N eb. R ev. S tat. § 25-328 (Cum. S upp. 2006). Moreover, § 25-1315 applies when more than one claim for relief is presented or when multiple parties are involved. S ection 25-328 allows the intervenor to “become a party” to the action. S ee In re Interest of Kiana T., 262 N eb. 60, 628 N .W.2d 242 (2001). Clearly, there are multiple parties in the instant case. The principle underlying § 25-1315 would apply equally to a claim in intervention.