Saturday, March 01, 2008
Nebraska court of appeals dismisses partial appeal of partnership dispute between daughter-in-law and parents of her deceased husband because the Dundy County District Court failed to make specific findings that the the daughter-in-law's partial appeal should proceed under 25-1315 RRS Neb. Jones v. Jones, A-05-1076, 16 Neb. App. 452. Daughter-in-law acting as her deceased husband's personal representatives sue his parents for a partnership accounting along with other contractual and tort actions. The District Court granted the in-laws directed verdict on the plaintiff's accounting claim and on its own agreed to certify the directed verdict as "final" for appeal purposes under 25-1315 RRS Neb. Later the District Court granted the in-laws summary judgment on the remaining cases. The Court of Appeals had initially dismissed the appeal from the directed verdict, then recalled and consolidated it with the appeal of the remaining counts. Finally the Court of Appeals dismisses the first appeal. the trial court apparently attempted to certify as final the judgment for directed verdict out of which this appeal arises. The Nebraska Supreme Court disapproved routine 25-1315 certifications in Cerny v. Todco Barricade Co., 273 Neb. 800, 733 N.W.2d 877 (2007) when it held the trial court must make specific findings to justify the partial appeal to avoid "piecemeal...appeals..occasioning... the use of more judicial resources...than...required (for a single appeal)."