(1) In all matters arising under the Nebraska Probate Code, in all matters in county court arising under the Nebraska Uniform Trust Code, and in all matters in county court arising under the Health Care Surrogacy Act, appeals may be taken to the Court of Appeals in the same manner as an appeal from district court to the Court of Appeals.
(2) An appeal may be taken by any party and may also be taken by any person against whom the final judgment or final order may be made or who may be affected thereby.
(3) When the appeal is by someone other than a personal representative, conservator, trustee, guardian, guardian ad litem, or surrogate pursuant to the Health Care Surrogacy Act the appealing party shall, within thirty days after the entry of the judgment or final order complained of, deposit with the clerk of the county court a supersedeas bond or undertaking in such sum as the court shall direct, with at least one good and sufficient surety approved by the court, conditioned that the appellant will satisfy any judgment and costs that may be adjudged against him or her, including costs under subsection (6) of this section, unless the court directs that no bond or undertaking need be deposited. If an appellant fails to comply with this subsection, the Court of Appeals on motion and notice may take such action, including dismissal of the appeal, as is just.
(4) The appeal shall be a supersedeas for the matter from which the appeal is specifically taken, but not for any other matter. In appeals pursuant to sections 30-2601 to 30-2661, upon motion of any party to the action, the county court may remove the supersedeas or require the appealing party to deposit with the clerk of the county court a bond or other security approved by the court in an amount and conditioned in accordance with sections 30-2640 and 30-2641. Once the appeal is perfected, the court having jurisdiction over the appeal may, upon motion of any party to the action, reimpose or remove the supersedeas or require the appealing party to deposit with the clerk of the court a bond or other security approved by the court in an amount and conditioned in accordance with sections 30-2640 and 30-2641. Upon motion of any interested person or upon the court's own motion, the county court may appoint a special guardian or conservator pending appeal despite any supersedeas order.
(5) The judgment of the Court of Appeals shall not vacate the judgment in the county court. The judgment of the Court of Appeals shall be certified without cost to the county court for further proceedings consistent with the determination of the Court of Appeals.
(6) If it appears to the Court of Appeals that an appeal was taken vexatiously or for delay, the court shall adjudge that the appellant shall pay the cost thereof, including an attorney's fee, to the adverse party in an amount fixed by the Court of Appeals, and any bond required under subsection (3) of this section shall be liable for the costs. In a proceeding under sections 30-701 to 30-713, the Court of Appeals may also order remedies under section 30-705.
Notes of Decisions
Cited in
71
cases (
15 in the last 5 years), 1931–2025 · leading case:
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
· cites it 38× “First, we find that § 30-1601 applies to appeals "[i]n all matters arising under the Nebraska Probate Code.”
Abbott v. Sellon (In Re Est.), 299 Neb. 596 (Neb. 2018).
· cites it 2× “7 Appellate review under the Nebraska Probate Code is governed by Neb. Rev. Stat. § 30-1601 (Reissue 2016), which states that appeals from a county court may be taken in the same manner as appeals from a district court and that "[a]n appeal may be taken by any party and may also…”
In re Est. of Brinkman, 308 Neb. 117 (Neb. 2021).
· cites it 7× “Nebraska’s statutory grant of the right to appeal under Neb. Rev. Stat. § 30-1601 (2) (Cum. Supp.”
In re Est. of Lakin, 310 Neb. 271 (Neb. 2021).
· cites it 4× “Neb. Rev. Stat. § 30-1601 (1) (Cum. Supp.”
Sec. Nat'l Bank v. Rickert, 741 N.W.2d 638 (Neb. 2007).
· cites it 3× “After this appeal was docketed in the Nebraska Court of Appeals, the Bank, joined by the charities, filed a motion to dismiss on grounds that the appellants failed to file a supersedeas bond or undertaking within 30 days of the county court’s final order, as required by Neb.…”
Ryan v. Ryan, 313 Neb. 938 (Neb. 2023).
· cites it 7× “” Neb. Rev. Stat. § 30-1601 (1) (Cum. Supp.”
Reents v. Woltemath, 680 N.W.2d 142 (Neb. 2004).
· cites it 2× “See, also, Neb. Rev. Stat. § 30-1601 (Cum. Supp. 2002) (appeals from county court in probate cases taken to Nebraska Court of Appeals in same manner as appeal from district court).”
In re Est. of Scaletta, 981 N.W.2d 568 (Neb. 2022).
· cites it 5× “” Neb. Rev. Stat. § 30-1601 (1) (Cum. Supp.”
In Re Wendland-Reiner Trust, 677 N.W.2d 117 (Neb. 2004).
· cites it 2× “We have considered Reiner’s claim that she is entitled to attorney fees under Neb. Rev. Stat. § 30-1601 (6) (Cum. Supp.”
In re Hessler Living Trust, 316 Neb. 600 (Neb. 2024).
· cites it 4× “Appellate review under the Nebraska Uniform Trust Code is governed by Neb. Rev. Stat. § 30-1601 (Cum. Supp. 2022), which statute incorporates the rules of appealability in civil matters, including Neb.”
In re Est. of Beltran, 310 Neb. 174 (Neb. 2021).
· cites it 2× “- 179 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports IN RE ESTATE OF BELTRAN Cite as 310 Neb. 174 proceeding” and “affect[ed] a substantial right.”
— Neb. Rev. Stat. § 30-1601(1) — 3 cases
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
“First, we find that § 30-1601 applies to appeals "[i]n all matters arising under the Nebraska Probate Code.”
Ryan v. Ryan, 313 Neb. 938 (Neb. 2023).
“” Neb. Rev. Stat. § 30-1601 (1) (Cum. Supp.”
— Neb. Rev. Stat. § 30-1601(2) — 5 cases
In re Est. of Brinkman, 308 Neb. 117 (Neb. 2021).
“Nebraska’s statutory grant of the right to appeal under Neb. Rev. Stat. § 30-1601 (2) (Cum. Supp.”
— Neb. Rev. Stat. § 30-1601(3) — 6 cases
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
“First, we find that § 30-1601 applies to appeals "[i]n all matters arising under the Nebraska Probate Code.”
Sec. Nat'l Bank v. Rickert, 741 N.W.2d 638 (Neb. 2007).
“After this appeal was docketed in the Nebraska Court of Appeals, the Bank, joined by the charities, filed a motion to dismiss on grounds that the appellants failed to file a supersedeas bond or undertaking within 30 days of the county court’s final order, as required by Neb.…”
— Neb. Rev. Stat. § 30-1601(5) — 1 case
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
“First, we find that § 30-1601 applies to appeals "[i]n all matters arising under the Nebraska Probate Code.”
— Neb. Rev. Stat. § 30-1601(6) — 1 case
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