(1) In order to perfect an appeal from the county court, the appealing party shall within thirty days after the entry of the judgment or final order complained of:
(a) File with the clerk of the county court a notice of appeal; and
(b) Deposit with the clerk of the county court a docket fee of the district court for cases originally commenced in district court.
(2) Satisfaction of the requirements of subsection (1) of this section shall perfect the appeal and give the district court jurisdiction of the matter appealed.
(3) The entry of a judgment or final order occurs when the clerk of the court places the file stamp and date upon the judgment or final order. For purposes of determining the time for appeal, the date stamped on the judgment or final order shall be the date of entry.
(4) In appeals from the Small Claims Court only, the appealing party shall also, within the time fixed by subsection (1) of this section, deposit with the clerk of the county court a cash bond or undertaking, with at least one good and sufficient surety approved by the court, in the amount of fifty dollars conditioned that the appellant will satisfy any judgment and costs that may be adjudged against him or her.
(5) A notice of appeal or docket fee filed or deposited after the announcement of a decision or final order but before the entry of the judgment or final order shall be treated as filed or deposited after the entry of the judgment or final order and on the day of entry.
(6) The running of the time for filing a notice of appeal shall be terminated as to all parties (a) by a timely motion for a new trial under section 25-1144.01, (b) by a timely motion to alter or amend a judgment under section 25-1329, or (c) by a timely motion to set aside the verdict or judgment under section 25-1315.02, and the full time for appeal fixed in subsection (1) of this section commences to run from the entry of the order ruling upon the motion filed pursuant to subdivision (a), (b), or (c) of this subsection. When any motion terminating the time for filing a notice of appeal is timely filed by any party, a notice of appeal filed before the court announces its decision upon the terminating motion shall have no effect, whether filed before or after the timely filing of the terminating motion. A new notice of appeal shall be filed within the prescribed time from the entry of the order ruling on the motion. No additional fees are required for such filing. A notice of appeal filed after the court announces its decision or order on the terminating motion but before the entry of the order is treated as filed on the date of and after the entry of the order.
(7) The party appealing shall serve a copy of the notice of appeal upon all parties who have appeared in the action or upon their attorney of record. Proof of service shall be filed with the notice of appeal.
(8) If an appellant fails to comply with any provision of subsection (4) or (7) of this section, the district court on motion and notice may take such action, including dismissal of the appeal, as is just.
Notes of Decisions
Cited in
44
cases (
4 in the last 5 years), 1990–2023 · leading case:
In Re Olmer, 752 N.W.2d 124 (Neb. 2008).
In Re Olmer, 752 N.W.2d 124 (Neb. 2008).
· cites it 6× “" The statute governing the procedure for appeals from county court to district court is Neb.Rev.Stat. § 25-2729 (Cum.Supp.2006). Section 25-2729(1)(a) requires, among other things, that in order to perfect an appeal from the county court, the appealing party must file a notice…”
Salkin v. Jacobsen, 641 N.W.2d 356 (Neb. 2002).
· cites it 7× “In concluding that a motion for attorney fees pursuant to § 25-824 must be made prior to the judgment of the court in which the claimed fees were incurred, we have considered and reject Jacobsen’s argument that language in Neb. Rev. Stat. § 25-2729 (Reissue 1995) and our holding…”
State v. Thalken, 299 Neb. 857 (Neb. 2018).
· cites it 2× “54 A separate statute, Neb. Rev. Stat. § 25-2729 (Reissue 2016), prescribes the procedure to be followed in taking such an appeal.”
State v. Solomon, 744 N.W.2d 475 (Neb. Ct. App. 2008).
· cites it 9× “Solomon also argued that Neb. Rev. Stat. § 25-2729 (Reissue 1995) and State v.”
Preserve the Sandhills v. Cherry Cnty., 986 N.W.2d 265 (Neb. 2023).
· cites it 10× “The statutory procedure for appealing a civil action from county court to district court is set out in § 25-2729. Currently, and at the time this CUP appeal was filed in the district court, § 25-2729 provides in relevant part: (1) In order to perfect an appeal from the county…”
State v. Wilcox, 623 N.W.2d 329 (Neb. Ct. App. 2001).
· cites it 17× “The transcript shows that the county court used one preprinted form to record its judgment of conviction and its sentence. By filling in blanks, the court recorded the events of the trial and its judgment of guilt on the top half of the form, under the date of April 7, 2000, and…”
State v. Brown, 687 N.W.2d 203 (Neb. Ct. App. 2004).
· cites it 3× “See Neb. Rev. Stat. § 25-2729 (5) (Cum. Supp.”
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
· cites it 2× “See, §§ 25-1914 and 25-1916 (district court); Neb.Rev.Stat. §§ 25-2729 and 25-2730 (Reissue 2008) (county court).”
In Interest of Teela H., 529 N.W.2d 134 (Neb. Ct. App. 1995).
· cites it 4× “Neb. Rev. Stat. § 25-2729 (Cum. Supp. 1994) requires that [i]n order to perfect an appeal from the county court, the appealing party shall within thirty days after the rendition of the judgment or making of the final order complained of: (a) File with the clerk of the county…”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
· cites it 2× “2018) (appeals from district court to Court of Appeals or Supreme Court); Neb. Rev. Stat. § 25-2729 (Cum. Supp. 2018) (appeals from county court to district court).”
— Neb. Rev. Stat. § 25-2729(1) — 5 cases
State v. Wilcox, 623 N.W.2d 329 (Neb. Ct. App. 2001).
“The transcript shows that the county court used one preprinted form to record its judgment of conviction and its sentence. By filling in blanks, the court recorded the events of the trial and its judgment of guilt on the top half of the form, under the date of April 7, 2000, and…”
— Neb. Rev. Stat. § 25-2729(1)(a) — 2 cases
In Re Olmer, 752 N.W.2d 124 (Neb. 2008).
“" The statute governing the procedure for appeals from county court to district court is Neb.Rev.Stat. § 25-2729 (Cum.Supp.2006). Section 25-2729(1)(a) requires, among other things, that in order to perfect an appeal from the county court, the appealing party must file a notice…”
Preserve the Sandhills v. Cherry Cnty., 986 N.W.2d 265 (Neb. 2023).
“The statutory procedure for appealing a civil action from county court to district court is set out in § 25-2729. Currently, and at the time this CUP appeal was filed in the district court, § 25-2729 provides in relevant part: (1) In order to perfect an appeal from the county…”
— Neb. Rev. Stat. § 25-2729(1)(b) — 2 cases
— Neb. Rev. Stat. § 25-2729(2) — 3 cases
Salkin v. Jacobsen, 641 N.W.2d 356 (Neb. 2002).
“In concluding that a motion for attorney fees pursuant to § 25-824 must be made prior to the judgment of the court in which the claimed fees were incurred, we have considered and reject Jacobsen’s argument that language in Neb. Rev. Stat. § 25-2729 (Reissue 1995) and our holding…”
— Neb. Rev. Stat. § 25-2729(3) — 4 cases
State v. Solomon, 744 N.W.2d 475 (Neb. Ct. App. 2008).
“Solomon also argued that Neb. Rev. Stat. § 25-2729 (Reissue 1995) and State v.”
State v. Wilcox, 623 N.W.2d 329 (Neb. Ct. App. 2001).
“The transcript shows that the county court used one preprinted form to record its judgment of conviction and its sentence. By filling in blanks, the court recorded the events of the trial and its judgment of guilt on the top half of the form, under the date of April 7, 2000, and…”
In Interest of Teela H., 529 N.W.2d 134 (Neb. Ct. App. 1995).
“Neb. Rev. Stat. § 25-2729 (Cum. Supp. 1994) requires that [i]n order to perfect an appeal from the county court, the appealing party shall within thirty days after the rendition of the judgment or making of the final order complained of: (a) File with the clerk of the county…”
— Neb. Rev. Stat. § 25-2729(4) — 1 case
— Neb. Rev. Stat. § 25-2729(5) — 5 cases
State v. Brown, 687 N.W.2d 203 (Neb. Ct. App. 2004).
“See Neb. Rev. Stat. § 25-2729 (5) (Cum. Supp.”
State v. Wilcox, 623 N.W.2d 329 (Neb. Ct. App. 2001).
“The transcript shows that the county court used one preprinted form to record its judgment of conviction and its sentence. By filling in blanks, the court recorded the events of the trial and its judgment of guilt on the top half of the form, under the date of April 7, 2000, and…”
— Neb. Rev. Stat. § 25-2729(7) — 1 case
— Neb. Rev. Stat. § 25-2729(8) — 1 case
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