Lindsay International Sales and Services, LLC v. Wegener

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Lindsay International Sales and Services, LLC v. Wegener

Case Number
Call Date
May 2, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-16-1051 Lindsay International Sales and Services, LLC v. Wegener (Appellants)

Platte County District Court, Judge Robert R. Steinke

Attorneys: John M. Lingelbach & John V. Matson (Koley Jessen PC, LLO) --- Stephen L. Ahl & Krista M. Carlson (Wolfe, Snowden, Hurd, Luers & Ahl, LLP) & Barry D. Geweke (Stowell & Geweke, P.C., L.L.O. (Appellant) – both parties waived further briefing

Civil: Jurisdiction

Proceedings below: Following a jury trial, a verdict was entered against Appellants in the amount of $1,019,795.38.  The Court of Appeals dismissed Appellants’ appeal as untimely.  Appellants filed a petition for further review which was granted by the Nebraska Supreme Court.

Issues on Review: The Nebraska Court of Appeals erred in 1) denying Appellants’ motion for rehearing on February 15, 2017, 2) dismissing Appellants’ appeal in its order dated December 29, 2016, 3) finding Appellants’ motion for new trial was premature and a nullity, 4) finding Appellants’ notice of appeal was untimely, 5) failing to consider the effect of the 2004 amendment to Neb. Rev. Stat. §25-1144.01 (LexisNexis 2016) which added the following savings clause: “A motion for a new trial filed after the announcement of a verdict or decision but before the entry of a judgment shall be treated a filed after the entry of judgment and on the day thereof.”, and 6) failing to consider new case law from the Nebraska Supreme Court which rendered the 2004 case law cited in its opinion no longer valid.

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