savings clause in Nebraska

2022Supp. 2020). - 986 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports IN RE ESTATE OF SEVERSON Cite as 310 Neb. 982 allegations that the informal probate would be opened for purposes limited to recovering liability insurance, (4) finding that not allowing the application would be contrary to law and create an “absurd result,” and (5) finding that the savings clause of Neb.

2022Supp. 2020). - 986 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports IN RE ESTATE OF SEVERSON Cite as 310 Neb. 982 allegations that the informal probate would be opened for purposes limited to recovering liability insurance, (4) finding that not allowing the application would be contrary to law and create an “absurd result,” and (5) finding that the savings clause of Neb.

2017Co., 203 Neb. 133 , 277 N.W.2d 572 (1979), is of no effect and on its holding that the savings clause adopted in Dale Electronics, Inc., does not apply to § 25-1912. - 634 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports CLARKE v. FIRST NAT.

2017Co., 203 Neb. 133 , 277 N.W.2d 572 (1979), is of no effect and on its holding that the savings clause adopted in Dale Electronics, Inc., does not apply to § 25-1912. - 634 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports CLARKE v. FIRST NAT.

2017BANK OF OMAHA Cite as 296 Neb. 632 court entered its decree.27 Accordingly, the appellee contended that a notice of appeal filed more than 30 days after the decree was entered was not timely and that we, therefore, lacked jurisdiction over the appeal.28 We rejected the appellee’s argument and determined that based on the plain language of § 25-1144.01, the copies of the “unsigned journal entry . . . sent to the parties [were] the court’s ‘announcement of a . . . decision’ as that expression is used in § 25-1144.01.”29 Justice Cassel wrote separately to concur with our decision in Despain, noti

2017BANK OF OMAHA Cite as 296 Neb. 632 court entered its decree.27 Accordingly, the appellee contended that a notice of appeal filed more than 30 days after the decree was entered was not timely and that we, therefore, lacked jurisdiction over the appeal.28 We rejected the appellee’s argument and determined that based on the plain language of § 25-1144.01, the copies of the “unsigned journal entry . . . sent to the parties [were] the court’s ‘announcement of a . . . decision’ as that expression is used in § 25-1144.01.”29 Justice Cassel wrote separately to concur with our decision in Despain, noti

1983The intent of the testator to close this class may be inferred from the savings clause set forth above, from the reasoning contained in the Restatement, supra, and from the rules laid down in Tiehen v. Hebenstreit, 152 Neb. 753 , 42 N.W.2d 802 (1950).

1983The intent of the testator to close this class may be inferred from the savings clause set forth above, from the reasoning contained in the Restatement, supra, and from the rules laid down in Tiehen v. Hebenstreit, 152 Neb. 753 , 42 N.W.2d 802 (1950).

2020Saylor concedes that the plain 11 JB & Assocs. v. Nebraska Cancer Coalition, 303 Neb. 855 , 932 N.W.2d 71 (2019). 12 Id. 13 Id. - 787 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports SAYLOR v. STATE Cite as 304 Neb. 779 language of § 81-8,227(5) prevents courts from applying any other statute of limitations to a STCA claim.

2020Saylor concedes that the plain 11 JB & Assocs. v. Nebraska Cancer Coalition, 303 Neb. 855 , 932 N.W.2d 71 (2019). 12 Id. 13 Id. - 787 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports SAYLOR v. STATE Cite as 304 Neb. 779 language of § 81-8,227(5) prevents courts from applying any other statute of limitations to a STCA claim.

2020Saylor concedes that the plain 11 JB & Assocs. v. Nebraska Cancer Coalition, 303 Neb. 855 , 932 N.W.2d 71 (2019). 12 Id. 13 Id. - 787 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports SAYLOR v. STATE Cite as 304 Neb. 779 language of § 81-8,227(5) prevents courts from applying any other statute of limitations to a STCA claim.

2018However, “to trigger the savings clause for premature notices of appeal under § 25-1912(2), an announcement must pertain 41 State v. Hudson, supra note 26 . 42 See id. - 140 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports STATE v. LOTTER Cite as 301 Neb. 125 to a decision or order that, once entered, would be final and appealable.”43 Because the court did not reach the merits of claim 3, its February 22, 2017, order did not announce a “deci- sion or final order” within the meaning of § 25-1912(2).

2017SALES & SERV. v. WEGENER Cite as 297 Neb. 788 the plain language of the savings clause in § 25-1144.01.11 Consequently, we found the notice of appeal was timely, because it was filed within 30 days after the motion for new trial was overruled.

2017SALES & SERV. v. WEGENER Cite as 297 Neb. 788 J & H Swine was based on this court’s opinion in In re Guardianship & Conservatorship of Woltemath,15 but neither J & H Swine nor In re Guardianship & Conservatorship of Woltemath addressed the savings clause under § 25-1144.01.

2017The Court of Appeals appears to have applied this same reasoning to motions for new trial under § 25-1144.01, and concluded that because the motion for new trial was filed before the district court’s decision on the motion for costs, it was not filed after the requisite “announcement of a 15 In re Guardianship & Conservatorship of Woltemath, 268 Neb. 33 , 680 N.W.2d 142 (2004). 16 In re Guardianship & Conservatorship of Woltemath, supra note 15 , 268 Neb. at 40 , 680 N.W.2d at 148 , citing FirsTier Mtge.

2017The Court of Appeals appears to have applied this same reasoning to motions for new trial under § 25-1144.01, and concluded that because the motion for new trial was filed before the district court’s decision on the motion for costs, it was not filed after the requisite “announcement of a 15 In re Guardianship & Conservatorship of Woltemath, 268 Neb. 33 , 680 N.W.2d 142 (2004). 16 In re Guardianship & Conservatorship of Woltemath, supra note 15 , 268 Neb. at 40 , 680 N.W.2d at 148 , citing FirsTier Mtge.

2003Under our recent holding in Keller v. Tavarone, 265 Neb. 236 , 655 N.W.2d 899 (2003), the savings clause of § 13-919(2) affords her no additional time to make a claim.

2003Under our recent holding in Keller v. Tavarone, 265 Neb. 236 , 655 N.W.2d 899 (2003), the savings clause of § 13-919(2) affords her no additional time to make a claim.

2001State v. Beyer, 260 Neb. 670 , 619 N.W.2d 213 (2000).

2001State v. Beyer, 260 Neb. 670 , 619 N.W.2d 213 (2000).