(1) Any party in a civil case and any defendant in a criminal case may appeal from the final judgment or final order of the county court to the district court of the county where the county court is located. In a criminal case, a prosecuting attorney may obtain review by exception proceedings pursuant to sections 29-2317 to 29-2319.
(2) Sections 25-2728 to 25-2738 shall not apply to:
(a) Appeals in eminent domain proceedings as provided in sections 76-715 to 76-723;
(b) Appeals in proceedings in the county court sitting as a juvenile court as provided in sections 43-2,106 and 43-2,106.01;
(c) Appeals in matters arising under the Nebraska Probate Code as provided in section 30-1601;
(d) Appeals in matters arising under the Nebraska Uniform Trust Code;
(e) Appeals in matters arising under the Health Care Surrogacy Act as provided in section 30-1601;
(f) Appeals in adoption proceedings as provided in section 43-112;
(g) Appeals in inheritance tax proceedings as provided in section 77-2023; and
(h) Appeals in domestic relations matters as provided in section 25-2739.
Notes of Decisions
Cited in
31
cases (
7 in the last 5 years), 1990–2026 · leading case:
State v. Thalken, 299 Neb. 857 (Neb. 2018).
State v. Thalken, 299 Neb. 857 (Neb. 2018).
· cites it 6× “51 Neb. Rev. Stat. § 25-2728 (1) (Reissue 2016) (emphasis supplied).”
State v. Coble, 299 Neb. 434 (Neb. 2018).
· cites it 2× “5 Neb. Rev. Stat. § 25-2728 (Reissue 2016).”
Miller v. Brunswick, 571 N.W.2d 245 (Neb. 1997).
· cites it 5× “To support this position, Brunswick argues this case is not a “civil case” as listed in the statutory section applicable to appeals from a county court to the district court, see Neb. Rev. Stat. § 25-2728 (Reissue 1995), and cites to cases regarding procedures followed pursuant…”
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
· cites it 2× “538 appears to be derived from the previous appeal statutes (Neb.Rev.Stat. § 25-2728 et seq. (Reissue 1989 & Cum.”
Hara v. Reichert, 287 Neb. 577 (Neb. 2014).
· cites it 2× “33 See Neb. Rev. Stat. §§ 25-2728 through 25-2738 (Reissue 2008 & Cum.”
State v. Hughan, 703 N.W.2d 263 (Neb. Ct. App. 2005).
· cites it 2× “On appeal from a county court in a criminal case, a district court acts as an intermediate appellate court, rather than as a trial court.”
In Re Interest of AH, 467 N.W.2d 682 (Neb. 1991).
· cites it 2× “’s “lifestyle and parenting problems that took place in a different state as much as eight years prior to the birth of the juvenile named in this case, ” (2) by concluding that there was clear and convincing evidence of her parental unfitness as a basis to terminate her parental…”
Hayes v. Applegarth, 631 N.W.2d 547 (Neb. Ct. App. 2001).
· cites it 6× “Sections 25-2728 to 25-2738 are the standard appeal provisions that govern appeals from county courts to district courts. Pursuant to § 25-2807, appeals from small claims court decisions are governed by the same statutes that govern appeals from county court decisions.”
In Re Interest Joshua M., 548 N.W.2d 348 (Neb. Ct. App. 1996).
· cites it 2× “and Amanda from Lona’s home for placement by the Department. The order of December 16 effectively continued this removal of T.”
State v. Cox, 523 N.W.2d 52 (Neb. Ct. App. 1994).
· cites it 2× “1986) (currently Neb. Rev. Stat. § 25-2728 (Cum. Supp. 1992)), but may proceed, in such circumstances, under § 29-827, provided jeopardy has not attached.”
— Neb. Rev. Stat. § 25-2728(1) — 1 case
— Neb. Rev. Stat. § 25-2728(2) — 1 case
— Neb. Rev. Stat. § 25-2728(2)(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.