State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-2728

25-2728. Appeals; parties;applicability of sections.(1) Any party in a civilcase and any defendant in a criminal case may appeal from the final judgmentor final order of the county court to the district court of the county wherethe county court is located. In a criminal case, a prosecuting attorney mayobtain 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 asa juvenile court as provided in sections 43-2,106 and 43-2,106.01;(c) Appeals in matters arising under the Nebraska ProbateCode as provided in section 30-1601;(d) Appeals in matters arising under the Nebraska UniformTrust Code;(e) Appeals in adoption proceedings as provided in section 43-112;(f) Appeals in inheritance tax proceedings as provided insection 77-2023; and(g) Appeals in domestic relations matters as provided in section 25-2739. SourceLaws 1981, LB 42, § 1; Laws 1984, LB 13, § 19; Laws 1986, LB 529, § 11; Laws 1989, LB 182, § 8; R.S.Supp.,1989, § 24-541.01; Laws 1991, LB 732, § 69; Laws 1994, LB 1106, § 2; Laws 1995, LB 538, § 2; Laws 2000, LB 921, § 25; Laws 2003, LB 130, § 118; Laws 2010, LB800, § 3.Effective Date: July 15, 2010 Cross ReferencesNebraska Probate Code, see section 30-2201.Nebraska Uniform Trust Code, see section 30-3801. AnnotationsThe method of obtaining district court review of decisions rendered by the county court is by appeal pursuant to this section. Miller v. Brunswick, 253 Neb. 141, 571 N.W.2d 245 (1997).Under subsection (2) of this section, order of county court dismissing motion to remove personal representative was appealable. In re Estate of Snover, 233 Neb. 198, 443 N.W.2d 894 (1989).Pursuant to subsections (1) and (4) of this section, an appeal from a determination by the county court, juvenile division, that a juvenile lacks proper parental care by reason of the fault or habits of his parent under the provisions of section 43-247(3), is properly taken to the district court; the Supreme Court has no authority to hear such an appeal which does not involve the termination of parental rights. In re Interest of J.S.O., 231 Neb. 529, 436 N.W.2d 837 (1989).The right to appeal the final order or judgment of a county court grounded in this section and section 29-611 does not include a constitutionally grounded right to a speedy appeal. State v. Schroder, 218 Neb. 860, 359 N.W.2d 799 (1984).The right to appeal from orders of a county court sitting as a juvenile court, insofar as that right is vested in the child's custodian, is vested only in individuals or entities having legal custody of such a child, and not in those persons having only possession of the child. In re Interest of S.R., 217 Neb. 528, 352 N.W.2d 141 (1984).The docket fee requirement contained in section 25‑2729 necessarily applies to appeal brought by a prosecuting attorney pursuant to sections 29‑824 to 29‑826, because this section does not expressly exclude sections 29‑824 to 29‑826 from the application of section 25‑2729. State v. McArthur, 12 Neb. App. 657, 685 N.W.2d 733 (2004).