Neb. Rev. Stat. § 25-1912

Section 25-1912(1) requires a notice of appeal within 30 days when no timely motion for new trial suspends the filing period.

In Re Interest of BMH · filed 1989-09-29(1)

In the present appeal, without a timely motion for new trial, the department had 30 days from September 14, 1988, to file its notice of appeal. § 25-1912(1). The department’s notice of appeal, filed on November 9,1988, was clearly filed beyond the 30-day limit for filing a notice of appeal.

Section 25-1912(1) requires a notice of appeal to be filed within 30 days of the judgment or order; that deadline also applies to appeals from separate juvenile courts.

In Re Interest of CW · filed 1991-05-24(1)

Neb. Rev. Stat. § 25-1912(1) (Reissue 1989) requires that the proceedings for reversal, modification, or vacation of judgments rendered or orders made by the district court shall be by filing a notice of appeal in the district court within 30 days of rendition of the judgment or order. Thus, an appeal from an order of a separate juvenile court must be filed within 30 days.

Section 25-1912 gives a party 30 days from entry of the district court’s order to file an appeal.

Hueftle v. NORTHEAST TECHNICAL COMMUNITY COLLEGE BOARD OF GOVERNORS · filed 1993-03-05

The Board had 30 days from entry of the district court's July 18, 1990, order in which to file an appeal to this court. See Neb.Rev.Stat. § 25-1912 (Reissue 1989). Because the Board failed to meet this deadline, we lack jurisdiction of the appeal.

Section 25-1912(1) requires a notice of appeal to be filed in the appropriate district court within 30 days after judgment is rendered; an untimely appeal leaves the appellate court without jurisdiction.

State v. McPherson · filed 1993-07-20(1)

In order for this court to obtain jurisdiction, the notice of appeal must be filed in the appropriate district court within 30 days after the rendition of a judgment. Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 1992). ... McPherson’s time for appeal expired February 7, 1992. McPherson’s appeal was filed February 19, 1992, and is untimely. Therefore, this court lacks jurisdiction to reach the merits of the case, which is dismissed.

Section 25-1912 requires a notice of appeal within 30 days after entry of the final order or overruling of a motion for new trial; timely filing is jurisdictional.

In Re Interest of Cmh · filed 1988-01-22

It is required by Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1986) that in order to vest this court with jurisdiction a notice of appeal must be filed within 30 days of the entry of the final order or the overruling of a motion for a new trial. The timely filing of such notice of appeal is jurisdictional.

Section 25-1912(1) requires a notice of appeal to be filed within 30 days of the final order; a late filing leaves the appellate court without jurisdiction.

State v. Flying Hawk · filed 1988-03-18(1)

The notice of appeal filed June 8, 1987, is beyond the 30-day limit found in § 25-1912(1). It is mandatory and jurisdictional that the notice of appeal be filed within the time required by statute; where a notice of appeal is not filed within 30 days from the entry of the final order appealed from, as required by § 25-1912(1), this court obtains no jurisdiction to hear the appeal, and the appeal must be dismissed.

Section 25-1912(1) allows 30 days from the district court’s judgment to file a notice of appeal.

Woodward v. Yonker · filed 1993-07-13(1)

Accordingly, we find that the district court’s judgment was rendered when the “Judgment” was filed with the clerk of the district court on October 12, 1990. The notice of appeal was filed February 28, 1992, obviously long past the 30 days allowed by Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 1992).

A notice of appeal filed after an announced decision but before judgment is rendered becomes effective when the notice identifies that decision and the later judgment accords with it, including in criminal cases.

State v. McDowell · filed 1994-10-14(1)

We can see no reason why this rule should not apply in a criminal case in which the same criteria has been met: where there has been an announced decision, a notice of appeal showing on its face that it relates to the announced decision, and the subsequent rendering of a judgment in accordance with the announced decision and to which the notice of appeal relates.

Section 25-1912(1) requires a notice of appeal within 30 days after entry of a final order to vest appellate jurisdiction.

State v. Trevino · filed 1996-12-20(1)

In order to vest an appellate court with jurisdiction, the notice of appeal must be filed within 30 days of the entry of the final order.

When a motion for new trial is pending, a notice of appeal filed before the ruling on that motion has no effect.

Reutzel v. Reutzel · filed 1997-04-24(2)

Appellant’s notice of appeal was filed before judgment was entered on appellee’s motion for new trial. Because § 25-1912(2) states that such premature filings “shall have no effect,” the Court of Appeals correctly dismissed this appeal for want of jurisdiction.

A notice of appeal filed before an order is made cannot appeal that order.

Jacob v. Schlichtman · filed 1999-06-01(1)

Neb. Rev. Stat. § 25-1912(1) (Reissue 1995) provides that the notice of appeal shall be filed within 30 days “after the rendition of such judgment or decree or the making of such final order.” ... Jacob’s notice of appeal was filed prior to the April 14,1997, order, and it, therefore, does not reference such order. Jacob could not appeal from an order that had not yet been made. As a result, this assigned error is not properly before us.

A motion for new trial tolls the time to appeal under § 25-1912 only if the proceedings before the motion constituted a trial.

State v. Plymate · filed 1999-06-29

Generally, the filing of a motion for a new trial has the effect of tolling the running of the statutory time limits for filing an appeal from a final order of the district court. See Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1998). However, such is not the case unless the proceedings leading up to the motion for a new trial constitute a trial.

A notice of appeal filed while a timely motion for new trial remains pending is premature and has no effect.

Detmer v. Bixler · filed 2002-02-19(2)

Because there was a timely motion for new trial pending before the district court at the time that Detmer filed his first ... notice of appeal, pursuant to § 25-1912(2), the appeal was premature and had no effect.

A notice of appeal filed before the court fully resolves a timely motion for new trial has no effect; a new notice must be filed after the ruling.

Haber v. v. & R JOINT VENTURE · filed 2002-03-29(3)

Under a plain reading of § 25-1912(3), Haber’s notice of appeal filed on September 5, 2000, before complete disposition of V&R’s motion for new trial, was of “no effect.”

Section 25-1912 starts the 30-day appeal period when final judgment is rendered; a motion for new trial filed within 10 days interrupts that period.

Sinn v. City of Seward · filed 1994-10-18

The clock begins ticking for appeal purposes after there has been “rendition” of a final judgment, and the appeal must be filed within 30 days thereof, unless a motion for new trial, filed within 10 days of the rendition of the judgment, interrupts the running of the 30 days. Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1992). ... We hold that judgment was not rendered in this case until September 2, and thus Sinn’s motion for new trial filed on September 11 was timely.

Section 25-1912’s 30-day period for filing a notice of appeal does not begin with a judge’s entry that fails to clearly specify the relief granted.

KLH Retirement Planning, Ltd. v. Cejka · filed 1995-04-18

Thus, whether appellants’ notice of appeal was timely filed in this case depends on whether the “Judges Entry” dated May 6 constituted a rendition of judgment or an entry of judgment. ... Therefore, the May 6 entry does not specify clearly the relief granted or order made in this action, and it does not constitute an entry of judgment as that term is used in In re Interest of J.A., supra, and Tri-County Landfill, supra. We thus reject KLH’s jurisdictional claim.

A criminal defendant must file a notice of appeal within 30 days after judgment, and a motion for a new trial does not toll that deadline.

State v. McCracken · filed 1995-09-22(1)

Section 25-1912(1) provides for a 30-day period in which a criminal defendant must file a notice of appeal. The time for appeal runs from the date the judgment is rendered. ... In criminal cases, a motion for a new trial does not toll the running of the 30-day jurisdictional requirement of § 25-1912.

A motion to amend a judgment or for an order nunc pro tunc filed after the appeal deadline does not permit appellate review of the underlying judgment.

Andersen v. American Family Mutual Insurance · filed 1996-01-26(1)

AFI apparently seeks to use the denial of its motion to amend or for an order nunc pro tunc to gain appellate review of the November 30, 1993, trial court order. This AFI is not permitted to do. AFI’s motion to amend or for an order nunc pro tunc, with respect to the November 30, 1993, journal entry, was filed and ruled upon on January 31, 1994, well beyond the deadline for filing an appeal from the November 30 journal entry. See Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 1994).

Section 25-1912(1) gives a party 30 days to appeal a final order; an untimely appeal leaves the appellate court without jurisdiction to review it.

State v. Sinsel · filed 1996-02-16(1)

Because a plea in bar is a final order, Sinsel had 30 days from its denial to file his notice of appeal. See Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 1994).

Section 25-1912 requires a notice of appeal to be filed within 30 days of the final order appealed from.

State v. Tunender · filed 1996-05-21

It is fundamental that for a party to preserve the right to appeal from a final order, that party must file a notice of appeal within 30 days of the order appealed from. Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1994). While Tunender timely appealed from the court’s sentencing order of March 9, 1995, in the criminal proceeding, he did not appeal from the district court’s orders dismissing his petitions in the separate proceedings.

Section 25-1912 requires a party to file a notice of appeal within 30 days after entry of a legal separation decree to challenge its provisions.

Dahlheimer v. Dahlheimer · filed 1996-12-17

Accordingly, an aggrieved party must duly file a notice of appeal within 30 days of entry of the legal separation decree to challenge the provisions thereof. See, Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1994); Manske v. Manske, 246 Neb. 314, 518 N.W.2d 144 (1994).

Section 25-1912(1) requires an appeal within 30 days after a final order dismisses distinct causes of action.

Thrift Mart, Inc. v. State Farm Fire & Casualty Co. · filed 1997-01-10(1)

As a result, the order sustaining the demurrer was a final, appealable order and should have been appealed within 30 days of its rendering.

Section 25-1912(1) requires an appeal from a final, appealable order to be perfected within 30 days; an untimely appeal leaves the appellate court without jurisdiction to review the issue.

State v. Jacques · filed 1997-10-31(1)

We agree with the Court of Appeals’ decision that a motion to discharge is a final, appealable order. As such, because Jacques failed to perfect a timely appeal as mandated by § 25-1912(1), the Court of Appeals lacked jurisdiction to address Jacques’ speedy trial claim and correctly refused to address the issue.

Section 25-1912(1) gives a party 30 days to appeal the denial of a plea in bar; an untimely appeal leaves the appellate court without jurisdiction to review that order.

State v. Marshall · filed 1998-01-02(1)

Because a plea in bar is a final order, Marshall had 30 days from its denial to file his notice of appeal. See Neb. Rev. Stat. § 25-1912(1) (Reissue 1995). Timeliness of an appeal is a jurisdictional necessity. ... Consequently, this court does not have jurisdiction to review the district court’s order overruling Marshall’s plea in bar motions, as Marshall failed to timely appeal said ruling.

Section 25-1912(2) tolls the time for appeal when a timely motion for new trial is filed; a motion for reconsideration that is not a motion for new trial does not toll it.

Breeden v. Nebraska Methodist Hospital · filed 1999-07-30(2)

The Breedens’ motion for reconsideration filed in the district court is not a motion for new trial and does not toll the time for appeal as set forth in § 25-1912(2).

Section 25-1912(1) requires a notice of appeal to be filed within 30 days of the trial court’s order.

Kinsey v. Colfer, Lyons, Wood, Malcom & Goodwin · filed 2000-02-18(1)

In the present case, Kinsey’s notice of appeal was filed within 30 days of the trial court’s order as required by Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 1998), and therefore, the Court of Appeals erred in concluding that the appeal was premature.

Section 25-1912(1) requires a notice of appeal to reach the district court clerk within 30 days; the mailing date does not determine timeliness.

State v. Hess · filed 2001-03-09(1)

We note that the date of receipt by the clerk’s office, and not the date of mailing, is the relevant date for determining the timeliness of a notice of appeal, as Nebraska does not have a “ ‘prison delivery rule.’ ”

Section 25-1912 requires an appeal from a final order within 30 days; a party who misses that deadline cannot challenge the order in a later appeal.

Saville v. Burt County Mental Health Board · filed 2001-05-22

As stated above, the adjudication order filed on December 28, 1999, was a final and appeal-able order which had to be appealed within 30 days. See Neb. Rev. Stat. § 25-1912 (Supp. 1999). Since no appeal was taken from the order adjudicating Saville to be a mentally ill dangerous person, he may not now question the sufficiency of the evidence upon which the Board relied in its adjudication order issued December 28.

Section 25-1912 tolls the time to appeal when a proper motion for new trial is filed; a motion filed after a proceeding without a trial does not toll that time.

Jackson v. Board of Equalization · filed 2001-07-03

Generally, the filing of a motion for new trial has the effect of tolling the running of the statutory time for filing an appeal from a final order of the district court. Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1998); Sinn v. City of Seward, 3 Neb. App. 59, 523 N.W.2d 39 (1994). However, where there is no trial, a pleading entitled “Motion for New Trial” is not properly considered as a motion for a new trial, does not toll the running of the statutory time for filing an appeal from a trial court’s order, and is only a “motion to reconsider.”

Section 25-1912 requires a notice of appeal within 30 days of the final order; a later award of incidental guardian ad litem fees does not extend that deadline.

Fischer v. Cvitak · filed 2002-09-20

The award of the guardian’s fees was incidental to the orders dismissing the case and awarding attorney fees. Fischer was required to file his notice of appeal within 30 days of the order awarding attorney fees. Because he failed to timely file a notice of appeal, this court lacks jurisdiction over the appeal.

Section 25-1912(1) requires a criminal appellant to file a notice of appeal within 30 days of sentencing; a motion for new trial does not extend that deadline.

State v. Nash · filed 1994-12-02(1)

A motion for new trial does not toll the running of the 30-day jurisdictional requirement of Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1994). ... Nash having failed to comply with the requirements of § 25-1912(1), no jurisdiction is conferred on this court, and the appeal must be dismissed.

Section 25-1912 does not itself authorize the State to appeal a criminal ruling when no statute gives the prosecutor that right.

State v. Jones · filed 2002-10-25

Because there is no such statutory authority, this court lacks jurisdiction over this case, and the general appeal statute, § 25-1912, “does not come into play,” see State v. Baird, 238 Neb. 724, 726, 472 N.W.2d 203, 205 (1991), and does not by itself authorize this court to exercise jurisdiction.

Section 25-1912(2) lets a premature notice of appeal relate forward only if the announced decision would have been appealable upon entry of judgment.

Reents v. Woltemath · filed 2004-05-28(2)

In short, the May 7 order was not an “announcement of a decision or final order” within the meaning of § 25-1912(2) because it was not a decision that would have been appealable if immediately followed by the entry of judgment.

A notice of appeal filed after a decision is announced but before the final order is entered becomes effective when the order is properly rendered and entered.

State v. Brown · filed 2004-10-05(2)

In such instance, the premature notice of appeal is treated as filed after the proper rendition and entry of the judgment, decree, or final order. See § 25-1912(2). In that instance, the notice of appeal becomes effective when the defect is cured.

Read with § 29-2315.01, § 25-1912 requires the State to file a notice of appeal within 30 days after an appellate court grants leave to docket the appeal.

State v. Kissell · filed 2004-12-14

Reading §§ 29-2315.01 and 25-1912 in pari materia, it is clear that when an appellate court grants the State leave to docket an appeal, the State must file a notice of appeal within 30 days in order to perfect jurisdiction in the appellate court.

Section 25-1912(1) gives a party 30 days to appeal a final order, and a timely motion to alter or amend the judgment tolls that period.

Allied Mutual Insurance v. City of Lincoln · filed 2005-04-08(1)

Because the August 14, 2003, order was the final order, Allied had 30 days to appeal that order, unless a proper motion was filed which tolled the appeal time. See § 25-1912(1). ... In cases involving a motion to alter or amend the judgment, a critical factor is whether the motion was filed within 10 days of the final order, because a timely motion under § 25-1329 tolls the time for filing a notice of appeal. ... Allied’s motion was timely filed; therefore, we have jurisdiction over this appeal.

Section 25-1912(2) treats a notice of appeal filed after a decision is announced but before judgment is entered as filed on the date of entry, allowing appellate jurisdiction when the judgment is properly entered.

ROSEN AUTO LEASING, INC. v. Jordan · filed 2006-09-05(2)

The effect of §§ 25-1912(2) and 25-2729(5) when the judgment is defective is that the appellate court “potentially” has jurisdiction because the lower court’s judgment can be made final by rendition by the judge or entry by the clerk of the court, whichever is lacking, long after the notice of appeal is filed. In such a situation, the premature notice of appeal is treated as filed after the proper rendition and entry of the judgment and becomes effective when the defect is cured.

A notice of appeal filed before the announcement of a final judgment cannot relate forward under subsection (2).

Ferer v. Aaron Ferer & Sons Co. · filed 2008-07-29(2)

In the instant case, we conclude that the trial court's July 13, 2007, dismissal, from which Ferer appealed, did not announce a "judgment, decree, or final order" within the meaning of § 25-1912(2) because it did not dispose of all of the claims against all of the parties in each of their capacities. Therefore, Ferer's notice of appeal was filed prematurely and cannot relate forward pursuant to § 25-1912(2).

Section 25-1912 requires a notice of appeal within 30 days of an order denying postconviction claims without a hearing, even when another claim remains pending.

State v. Alfredson · filed 2014-02-21

Under Neb. Rev. Stat. § 25-1912 (Reissue 2008), a notice of appeal must be filed on those postconviction claims within 30 days.

Section 25-1912(3) allows 30 days after a qualifying postjudgment motion is overruled to file a notice of appeal.

Central Nebraska Public Power & Irrigation District v. Jeffrey Lake Development, Inc. · filed 2004-05-14(3)

In order to vest an appellate court with jurisdiction, a notice of appeal must be filed within 30 days of the entry of the final order or the overruling of a motion described in § 25-1912(3). Central filed its notice of appeal on June 18, 2003, which was within 30 days after Central’s motion was overruled on June 9. Therefore, we conclude that Central’s notice of appeal was timely and that we have jurisdiction over this matter.

An appeal from a final order must be filed within 30 days; missing that deadline prevents review of the order.

In Re Trust of Rosenberg · filed 2005-02-18

Tipp’s failure to appeal from that order within 30 days precludes us from considering her first assignment of error.

A motion to alter or amend a judgment filed within 10 days of entry of judgment terminates the time for filing a notice of appeal.

Strong v. OMAHA CONST. INDUSTRY PENSION PLAN · filed 2005-06-24(3)

If filed no later than 10 days after the entry of judgment, a motion to alter or amend a judgment, like a motion for a new trial, terminates the period in which a party must file a notice of appeal. § 25-1912(3). Thus, if Melissa's motion qualified as a motion to alter or amend a judgment, she timely filed her notice of appeal.

Section 25-1912(1) requires a notice of appeal within 30 days after entry of the judgment or final order; the court accounted for Thanksgiving holidays and the following weekend in finding the notice timely.

In Re Guardianship of Breeahana C. · filed 2005-11-08(1)

Under Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 2004), the notice of appeal must be filed “within thirty days after the entry” of the judgment or final order. The county court’s order was entered on October 28, 2004. Bobby filed ids notice of appeal on November 29. Ordinarily, the deadline for appeal would have been November 27, but taking into account 2 days for the Thanksgiving holiday and 2 days for the following weekend, Bobby’s notice of appeal was timely.

Section 25-1912(1) gives parties 30 days from a final order to appeal.

Peterson v. Peterson · filed 2006-05-30(1)

Thus, the court's "Opinion and Findings," as amended by the nunc pro tunc order, was the final determination of the parties' rights in this action, and the parties had 30 days from May 3, 2004, from which to appeal. See Neb.Rev.Stat. § 25-1912(1) (Cum.Supp.2004).

Section 25-1912 requires an appellant to file a notice of appeal within 30 days after the judgment appealed from.

State v. Vasquez · filed 2006-06-30

Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2004) requires an appellant to file a notice of appeal within 30 days after the court renders the judgment appealed from. Vasquez filed no such notice and did nothing to pursue this issue until the State filed its exception proceeding.

Section 25-1912(1) requires a notice of appeal to be filed within 30 days after entry of the judgment, decree, or final order.

State v. Murphy · filed 2007-02-27(1)

It is clear that Murphy did not file a notice of appeal within 30 days of the March 15, 2005, sentencing order. In order to initiate an appeal, a notice of appeal must be filed within 30 days after entry of the judgment, decree, or final order. Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 2006).

An appeal must be filed within 30 days of the final order; motions for a new trial or to alter or amend do not toll that period when the district court acted as an intermediate appellate court.

Goodman v. City of Omaha · filed 2007-11-30(1)

Pursuant to Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 2006), an appeal must be filed within 30 days of the final order from which an appeal is taken. ... Because the appellants did not file a notice of appeal within 30 days of the district court’s January 13, 2006, order and because the time period in which to file an appeal was not tolled, this court does not have jurisdiction over the appellants’ appeal.

Section 25-1912(1) requires a notice of appeal within 30 days after entry of a judgment, decree, or final order; an untimely appeal leaves the appellate court without jurisdiction.

Wagner v. Wagner · filed 2008-01-22(1)

Having found that James' appeal was filed outside the 30-day time limit for filing an appeal, we are without jurisdiction to hear the appeal. The appeal is dismissed for lack of jurisdiction.

A timely motion to alter or amend that seeks a substantive change to a judgment tolls the time to appeal for all parties.

Gebhardt v. Gebhardt · filed 2008-03-11(3)

And, under Neb.Rev.Stat. § 25-1912(3) (Cum. Supp. 2006), such a motion timely filed terminates the running of the time for filing a notice of appeal "as to all parties." In order to be a tolling motion, a motion to alter or amend must seek substantive alteration of the judgment. See Weeder v. Central Comm. College, 269 Neb. 114, 691 N.W.2d 508 (2005).

Section 25-1912(1) requires an appeal within 30 days of the final order; a trial court cannot extend that period by declaring a later effective date.

Belitz v. Belitz · filed 2008-09-16(1)

The notice of appeal was filed well outside the 30-day timeframe for appealing to this court set forth in Neb. Rev.Stat. § 25-1912(1) (Cum.Supp.2006). ... The trial's court attempted 14-day extension of the time in which to appeal was error as a matter of law and is of no force and effect on the question of whether this court has appellate jurisdiction. ... Therefore, for these reasons, any appeal had to be taken within 30 days of the September 17 order, which, incidentally, was when the July 9 order on attorney fees, which Kathleen seeks to address in her first assignment of error, also became final.

Section 25-1912(3) does not toll the time to appeal for a motion to alter or amend when the district court acts as an intermediate appellate court.

Timmerman v. Neth · filed 2008-09-19(3)

We do not read the APA, or § 60-498.04, as affecting our long-established rule that the tolling motions listed in § 25-1912(3) are ineffective when a district court is acting as an intermediate court of appeals, or our specific holding that a "judgment," for purposes of § 25-1329, does not include an appellate decision of a district court.

Section 25-1912 gives a party 30 days from entry of a district court judgment to appeal, unless a motion tolls the appeal period.

State v. Hausmann · filed 2008-11-10

Under Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2006), a party has 30 days from the entry of judgment to appeal the decision of a district court unless a party has filed a motion which tolls the appeal period. ... It necessarily follows that Hausmann did not timely appeal from the September 10 final order and that we cannot hear Hausmann's appeal from the October 22 order because it was a nullity.

A motion asking an intermediate appellate court to vacate or modify its final order does not toll the time for filing a notice of appeal.

State v. Hausmann · filed 2009-05-22

We emphasize, however, that in the absence of an applicable rule to the contrary, a motion asking the court to exercise that inherent power does not toll the time for taking an appeal.

A notice of appeal must be filed within 30 days of the final order or the overruling of a motion for new trial to vest the appellate court with jurisdiction.

State v. Luff · filed 2010-05-04(1)

In order to vest an appellate court with jurisdiction, a notice of appeal must be filed within 30 days of the entry of the final order or the overruling of a motion for new trial. Neb.Rev.Stat. § 25-1912(1) (Reissue 2008); DeBose v. State, 267 Neb. 116, 672 N.W.2d 426 (2003). ... As such, because Luff failed to timely file a notice of appeal following the denial of his motion for new trial based on newly discovered evidence and the district court reinstated only Luff's direct appeal, we are without jurisdiction to consider this assignment of error.

Section 25-1912(1) requires an appeal from a final order to be filed within 30 days.

In re Interest of Josselynn E. · filed 2013-05-07(1)

An appeal of such an order must be filed within 30 days of the final order. Neb. Rev. Stat. § 25-1912(1) (Reissue 2008). ... Robert clearly did not appeal the adjudication of Josselynn within the 30-day time period allowed under the Nebraska Revised Statutes, and accordingly, this assignment of error is without merit.

An appeal from a final order must be filed within 30 days; an untimely appeal leaves the appellate court without jurisdiction over the issues decided in that order.

Pinnacle Enters. v. City of Papillion · filed 2013-07-26(1)

After receiving and considering their responses, we conclude that the January order was final, that Pinnacle failed to timely appeal the issues it now raises, and that we are without jurisdiction to address those issues.

An appeal from a final order must be made within 30 days after the order is entered.

In re Interest of Keisha G. · filed 2013-12-03

An appeal of a final order must be made within 30 days after the entry of such order. See, Neb. Rev. Stat. § 25-1912 (Reissue 2008); Neb. Rev. Stat. § 43-2,106.01 (Cum. Supp. 2012).

A notice of appeal must be filed within 30 days after entry of a final order to vest the appellate court with jurisdiction.

In re Interest of Shane L. · filed 2013-12-31(1)

In order to vest an appellate court with jurisdiction, a notice of appeal must be filed within 30 days of the entry of the final order. In re Interest of Jamyia M., supra. See Neb. Rev. Stat. § 25-1912(1) (Reissue 2008).

Section 25-1912(1) requires a notice of appeal within 30 days after entry of a final order.

Belitz v. Belitz · filed 2014-01-28(1)

Because John did not file his notice of appeal until May 22, outside the 30-day requirement in § 25-1912(1), we are with- out jurisdiction to address the portion of his appeal that relates to that order.

Section 25-1912 requires a notice of appeal within 30 days of a final order denying a postconviction claim without an evidentiary hearing.

State v. Robinson · filed 2014-03-07

An order denying an evi- dentiary hearing on a postconviction claim is a final judgment as to that claim, and under Neb. Rev. Stat. § 25-1912 (Reissue 2008), a notice of appeal must be filed with regard to such a claim within 30 days.

Section 25-1912 requires a notice of appeal within 30 days of a final judgment denying an evidentiary hearing on a postconviction claim.

State v. Banks · filed 2014-12-05

An order denying an evidentiary hearing on a postconviction claim is a final judgment as to that claim, and under Neb. Rev. Stat. § 25-1912 (Reissue 2008), a notice of appeal must be filed with regard to such a claim within 30 days.

Section 25-1912(1) requires a party to file a notice of intention to appeal within 30 days after entry of a judgment, decree, or final order.

Kouba v. Kouba · filed 2014-08-26(1)

Neb. Rev. Stat. § 25-1912(1) (Reissue 2008) requires a party to file a notice of intention to appeal within 30 days after the entry of judgment, decree, or final order. Because the court’s contempt order was a final order, Shane was required to file an appeal from this order within 30 days. He did not. Therefore, we are without jurisdiction to review the court’s contempt order.

An appeal from a final order must be filed within 30 days after its entry; failure to appeal that order prevents appellate review of it.

Hayes v. Hayes · filed 2015-03-10

State law requires that an appeal from a final order be filed within 30 days after its entry. Neb. Rev. Stat. § 25-1912 (Reissue 2008). The dissolution decree was a final order. To vest an appellate court with jurisdiction, a party must timely file a notice of appeal. Meister v. Meister, 274 Neb. 705, 742 N.W.2d 746 (2007). Because Debra did not appeal from the dissolution decree, this court lacks jurisdiction to address the court’s order allowing Debra’s counsel to withdraw.

An appeal from a final order must be filed within 30 days; later contempt proceedings to enforce the order do not extend that deadline.

Village of Union v. Bescheinen · filed 2015-06-09

Pursuant to Neb. Rev. Stat. § 25-1912 (Reissue 2008), in order to vest an appellate court with jurisdiction, a party must file an appeal within 30 days of the entry of a judgment, decree, or final order. ... The Village’s initiation of contempt proceedings to enforce a final summary judgment order did not extend Bescheinen’s time to appeal from that order.

Section 25-1912(1) generally requires a notice of appeal from a district court judgment, decree, or final order to be filed in the district court within 30 days.

State v. Meints · filed 2015-09-25(1)

Typically, a party seeking to appeal from a judgment, decree, or final order made by the district court must file a notice of appeal in the district court within 30 days.

Section 25-1912 gives a defendant 30 days to appeal the denial of an evidentiary hearing on postconviction claims; missing that deadline forfeits the right to pursue those claims.

State v. Determan · filed 2016-01-29

As such, a defendant has just 30 days to appeal from that denial.

Section 25-1912(1) requires a notice of appeal within 30 days of the final order; a nunc pro tunc order correcting that order does not extend the deadline.

In re Interest of Luz P. · filed 2017-02-10(1)

To perfect an appeal, Neb. Rev. Stat. § 25-1912(1) (Reissue 2016) requires that a notice of appeal be filed “within thirty days after the entry of such judgment, decree, or final order” appealed from. ... Thus, a nunc pro tunc order cannot extend the time for a party to appeal the order or judgment which the nunc pro tunc order corrects.

Section 25-1912 requires a criminal defendant to perfect an appeal within 30 days of the judgment.

State v. Irish · filed 2017-10-13

§ 25-1912 (Reissue 2016) requires a criminal defendant to perfect an appeal within 30 days of the judgment.

Section 25-1912 gives a defendant 30 days to appeal an order denying an evidentiary hearing on postconviction claims; missing that deadline forfeits further pursuit of those claims.

State v. Huff · filed 2017-10-31

Pursuant to Neb. Rev. Stat. § 25-1912 (Reissue 2016), a defendant has just 30 days to appeal from the denial of an evidentiary hearing; the failure to do so results in the defendant’s losing the right to pursue those allegations fur- ther.

Section 25-1912 gives a party 30 days after entry of judgment to appeal a district court decision; a motion invoking the court’s inherent power to vacate or modify its judgment does not toll that period absent an applicable contrary rule.

In re Change of Name of Whilde · filed 2017-12-22

Under § 25-1912, a party has 30 days from the entry of judgment to appeal the decision of a district court unless a party has filed a motion which tolls the appeal period. In the absence of an applicable rule to the contrary, a motion asking the court to exercise its inherent power to vacate or modify its own judgment does not toll the time for taking an appeal.

A challenge to the merits of a commitment order must be appealed within 30 days of the order.

In re Interest of H.R. · filed 2018-02-13

In order for us to review this issue, however, H.R. was required to appeal within 30 days of the entry of that order. Consequently, his arguments with respect to the 2006 order are untimely.

Section 25-1912(3) tolls the time to appeal when a motion to alter or amend a final, appealable order is filed.

Simms v. Friel · filed 2018-03-20(3)

And because this was a final, appealable order, Friel’s motion to alter or amend the judgment or, in the alternative, to vacate the judgment tolled the time for filing the appeal. See, Neb. Rev. Stat. § 25-1239 (Reissue 2016); Neb. Rev. Stat. § 25-1912(3) (Reissue 2016). Friel’s notice of appeal was timely filed from the December 23 order overruling his motion.

Section 25-1912 requires a notice of appeal within 30 days of the district court’s decision to vest jurisdiction in the appellate courts.

Butler Cnty. Landfill, Inc. v. Butler Cnty. Bd. of Supervisors · filed 2018-03-23

In an appeal authorized by § 25-1911, a party must follow the procedural requirements of Neb. Rev. Stat. § 25-1912 (Reissue 2016), including the requirement to file a notice of appeal within 30 days of the district court’s decision, in order to vest jurisdiction in the appellate courts. The notice of appeal in this case was filed in the district court on March 3, 2017. Such notice was obviously not timely to give this court jurisdiction to review the June 17, 2016, order.

Section 25-1912 requires a notice of appeal within 30 days of the district court’s decision to vest jurisdiction in the appellate court.

Butler Cty. Landfill v. Butler Cty. Bd. of Supervisors · filed 2018-03-23

In an appeal authorized by § 25-1911, a party must follow the procedural requirements of Neb. Rev. Stat. § 25-1912 (Reissue 2016), including the requirement to file a notice of appeal within 30 days of the district court’s decision, in order to vest jurisdiction in the appellate courts. The notice of appeal in this case was filed in the district court on March 3, 2017. Such notice was obviously not timely to give this court jurisdiction to review the June 17, 2016, order.

Section 25-1912 requires a notice of appeal within 30 days of a final order; issues decided in an order not timely appealed cannot be reviewed on appeal from a later order.

Priesner v. Starry · filed 2018-05-25

Neb. Rev. Stat. § 25-1912 (Reissue 2016) further provides that appeals from a judgment rendered or final order made by the district court is not perfected unless a notice of intention to prosecute an appeal is filed with the district court within 30 days of the judgment or final order, as provided under that statute. ... A party’s failure to timely appeal from a final order prevents an appellate court from exercising jurisdiction over the issues that were raised and decided in that order.

Section 25-1912(1) requires an appeal to be filed within thirty days after entry of the judgment, decree, or final order.

State v. Conn · filed 2018-06-29(1)

Section 25-1912(1) explicitly provides that appeals must be filed “within thirty days after the entry” of the judgment, decree, or final order.

A notice of appeal from a district court final order must be filed within 30 days after the order is entered.

State v. Barber · filed 2018-09-25

Under Neb. Rev. Stat. § 25-1912 (Reissue 2016), to obtain a reversal, vacation, or modification of judgments and decrees rendered or final orders made by the district court, a notice of appeal must be filed within 30 days after the entry of such judgment, decree, or final order.

Section 25-1912(2) makes a premature notice of appeal effective when it follows the announcement of a decision that becomes final and appealable upon entry of judgment.

State v. Hartzell · filed 2019-09-20(2)

Here, the oral announcement of a sentence and the content of the October sentencing order, which stated a “separate Order of Probation” would be forthcoming, triggered the savings clause under § 25-1912(2).

Section 25-1912(1) requires a notice of appeal within 30 days after entry of the judgment or final order; an untimely appeal leaves the appellate court without jurisdiction.

State v. Reames · filed 2021-02-05(1)

Reames, through her trial counsel, filed her notice of appeal on April 17, 2020, which was 31 days after the sentencing order was entered. Therefore, to the extent that Reames is attempting to appeal the March 17 sentencing order, such appeal is untimely and we dismiss it for lack of jurisdiction.

Section 25-1912 requires an appeal from a final juvenile dispositional order within 30 days; an untimely appeal leaves the appellate court without jurisdiction to review that order.

In re Interest of Logan J. · filed 2021-12-07

This order was final and appealable, and thus should have been appealed within 30 days. See, Neb. Rev. Stat. § 43-2,106.01(1) (Reissue 2016) (any final order or judgment entered by juvenile court may be appealed to Court of Appeals in same manner as appeal from district court to Court of Appeals); Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2018) (appeals must be filed within 30 days after entry of judgment). ... Because Eric did not appeal within 30 days of the May 1 order, we do not have jurisdiction to address this assignment of error.

A notice of appeal filed after a decision is announced but before the final order is entered is treated as filed on the date of entry.

Chelli v. Baca · filed 2022-01-25(2)

Pursuant to Neb. Rev. Stat. § 25-1912(2) (Cum. Supp. 2020), “A notice of appeal . . . filed . . . after the announcement of a decision or final order but before entry of the judgment, decree, or final order shall be treated as filed . . . after the entry of the judgment, decree, or final order and on the date of entry.” Accordingly, we treat Chelli’s notice of appeal in case No. A-20-892 as being timely filed on December 18, 2020.

Section 25-1912(3) gives no effect to a notice of appeal filed after a timely motion for new trial or to alter or amend and before the court rules on that motion.

Garrison v. Otto · filed 2022-03-04(3)

The first notice of appeal, resulting in what is presently docketed as case No. S-21-478, was premature. It was filed after the terminating motion for new trial or to alter or amend and before the court announced its decision on that motion. Pursuant to § 25-1912(3), it had no effect. As such, case No. S-21-478 is dismissed for lack of jurisdiction.

Section 25-1912(1) sets the time to appeal a sentencing order; the court calculated the deadline as the following Monday when the thirtieth day fell on a Sunday.

Haynes v. Hansen · filed 2019-06-24(1)

The sentencing order for Haynes’ new stalking sentence was entered on October 2, 2015, and as a result, Haynes, had until November 2, 2015, to file an appeal of that order (since November 1, 2015, was a Sunday).

Section 25-1912 requires a notice of appeal within 30 days of a final order unless a qualifying motion terminates that period.

Green v. Seiffert · filed 2019-10-04

Under Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2018), to vest an appellate court with jurisdiction, a party must timely file a notice of appeal. Bryson L. v. Izabella L., 302 Neb. 145, 921 N.W.2d 829 (2019). The notice of appeal must be filed within 30 days of the judgment, decree, or final order from which the party is appealing unless that time is terminated by the filing of a qualifying motion. See id.

Section 25-1912 requires a notice of appeal within 30 days of a final order; issues from an order not timely appealed are outside appellate review.

In re Guardianship & Conservatorship of Bette O. · filed 2020-01-07

Any issues related to the October 3 hearing and subsequent order are not properly before us as they were not timely appealed. See, ... Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2018) (notice of appeal must be filed within 30 days of final order made by district court).

Section 25-1912 requires a notice of appeal within 30 days of a final order; a denied motion to vacate does not extend that deadline.

State v. Rogers · filed 2020-01-28

Under Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2018), to vest an appellate court with jurisdiction, a party must timely file a notice of appeal. ... A party can move the court to vacate or modify a final order, but if the court does not grant the motion, a notice of appeal must be filed within 30 days of the entry of the earlier final order if the party intends to appeal it. ... Similarly, in the present case, Rogers failed to timely appeal the district court’s modification of his postrelease supervision. He now timely appeals the court’s denial of his motion to vacate, but does so only on the grounds that the modification order was erroneous. Accordingly, following Green v. Seiffert, supra, we do not have jurisdiction and, therefore, dismiss Rogers’ appeal.

A notice of appeal must be filed within 30 days of a final order; a party who misses that deadline cannot raise errors from that order on a later appeal.

In re Interest of Aiyauna Y. · filed 2020-03-24

Melvin failed to appeal within thirty days of the March 21, 2019 order.

An appeal must be filed within 30 days after entry of a final, appealable judgment.

In re Interest of LeAntonaé D. · filed 2020-04-07

Thus, the May 21 order was final and appealable, and should have been appealed within 30 days. See, Neb. Rev. Stat. § 43-2,106.01(1) (Reissue 2016) (any final order or judgment entered by juvenile court may be appealed to Court of Appeals in same manner as appeal from district court to Court of Appeals); Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2018) (appeals must be filed within 30 days after entry of judgment).

A timely motion to alter or amend a judgment stops the time for filing a notice of appeal; a motion resolved before final judgment does not extend the time to appeal that judgment.

Pearce v. Mutual of Omaha Ins. Co. · filed 2020-05-19(3)

However, pursuant to § 25-1912(3), the running of the time for filing a notice of appeal shall be terminated by a timely motion to alter or amend a judgment under Neb. Rev. Stat. § 25-1329 (Reissue ... 2016) (motion to alter or amend judgment shall be filed no later than 10 days after entry of judgment).

Section 25-1912(1) requires a notice of appeal within 30 days after entry of the district court’s order, rather than after the appellant receives it.

McDonald v. Frakes · filed 2020-08-17(1)

He is wrong as Nebraska law required McDonald’s notice of appeal to be filed within 30 days of the entry of the state district court’s order, that is by January 10, 2018.

Section 25-1912 sets a 30-day deadline to perfect an appeal by paying the docketing fee or filing a poverty affidavit.

State v. Jones · filed 2020-11-13

As an initial matter, we note that the district court incorrectly calculated the final day to perfect an appeal as March 2, 2018, when the actual deadline was March 7. See § 25-1912.

Section 25-1912 requires an appeal from a final commitment order within 30 days.

Anderson v. Sacriste · filed 2021-01-11

Thus, under Nebraska law, Anderson’s original commitment order dated January 12, 2017 was a final appealable order which had to be appealed within 30 days.

Section 25-1912(1) requires a criminal appellant to file a notice of appeal and deposit the docket fee within 30 days after entry of judgment.

State v. Melton · filed 2021-01-15(1)

Section 25-1912(1) governs appeals from “judgments and sentences upon convictions for felonies and misdemean- ors” and provides that a notice of appeal must be filed, and the required docket fee deposited, “in the office of the clerk of the district court in which such judgment, decree, or final order was rendered” within 30 days after the “entry of such judg- ment.”

Section 25-1912(1) generally requires an appeal within 30 days of a final order; a timely motion seeking substantive alteration of the judgment tolls that period.

Gray v. Hubert · filed 2021-03-02(1)

Generally, appeals must be filed within 30 days after the entry of the judgment, decree, or final order. Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 2020). ... Gray’s timely filing of his motion for reconsideration tolled the time for filing his notice of appeal of the denial of his request to proceed IFP.

A final mental health board commitment order must be appealed within thirty days.

Bumann v. Nebraska Mental Health Board · filed 2021-05-19

Thus, under Nebraska law, Bumann’s original commitment order dated August 19, 2019 was a final appealable order which had to be appealed within thirty days.

A second appeal perfected within § 25-1912’s 30-day limit can establish appellate jurisdiction when the first appeal was never perfected.

State v. Greer · filed 2021-07-02

Greer then properly perfected his second attempt to appeal within the 30-day filing limitation established by § 25-1912.

A notice of appeal must be filed within 30 days after the final order; a late notice deprives the appellate court of jurisdiction and requires dismissal.

In re Interest of Madeline C. · filed 2021-07-27(1)

It is well established that it is mandatory and jurisdictional that a notice of appeal be filed within the time required by statute; where a notice of appeal is not filed within 30 days from the entry of the final order appealed from, as required by § 25-1912(1), an appellate court obtains no jurisdiction to hear the appeal, and the appeal must be dismissed.

Section 25-1912 requires an appeal from a decree within 30 days of its entry; missing that deadline prevents review of the decree in a later appeal.

Philmon v. Philmon · filed 2021-09-14

Although we do not know why the district court deviated from the child support guidelines and did not require Danielle to pay the first $480 of uncovered medical expenses, Carlos did not appeal from the 2012 decree within 30 days from its entry as required by Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2020); Priesner v. Starry, 300 Neb. 81, 912 N.W.2d 249 (2018) (issue decided in prior final order that neither party timely appealed from is foreclosed from review in appeal from subsequent final order in case). Because Carlos failed to appeal from the decree and challenge the provision regarding the allocation of medical expenses, we are without jurisdiction to address this matter.

Section 25-1912(1) requires an appeal from a final order to be filed within 30 days; an untimely appeal leaves the appellate court without jurisdiction to review that order.

Seid v. Seid · filed 2021-12-17(1)

Pursuant to Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 2020), an appeal must be filed within 30 days of the final order from which an appeal is taken.

A notice of appeal must be filed within 30 days after entry of a judgment, decree, or final order.

State on behalf of Nathaniel R. v. Shane F. · filed 2022-04-05

However, Amanda did not timely appeal from the district court’s March 23, 2021, order regarding her contempt action; the court’s April 22 order did not address the contempt action. Accordingly, we lack jurisdiction over the contempt matter. ... See, also, Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2020) (notice of appeal shall be filed within 30 days of entry of judgment, decree, or final order).

Section 25-1912(1) does not require a notice of appeal to identify the order appealed from; filing it within 30 days after the final order is sufficient.

Farah v. Spence · filed 2023-04-04(1)

Furthermore, there is no requirement that a party identify the order from which they are appealing; therefore, the filing of the notice of appeal within 30 days after the final order was entered was sufficient to perfect the parents’ appeal regardless of their reference to the May 2022 order.

Section 25-1912(2) treats a notice of appeal filed after a decision is announced but before the decree is entered as filed on the date of entry.

Martin v. Martin · filed 2024-08-13(2)

In accordance with § 25-1912(2), we treat Jared’s notice of appeal as filed after the entry of the dissolution decree and on the date of the decree’s entry: July 18.

Section 25-1912 requires a notice of appeal within 30 days of a final order; when trial begins without a ruling on a statutory speedy trial motion, the motion is inferentially denied and that deadline begins.

State v. Franklin · filed 2022-08-16

A notice of appeal shall be filed within 30 days of entry of judgment, decree, or final order. See Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2020). ... In the instant case, the district court inferentially denied Franklin’s motions to dismiss on statutory speedy trial grounds when trial commenced on April 21, 2021. At that point, the denial of Franklin’s motions were final, appealable orders, at least as to his claim based on statutory speedy trial grounds, and he had 30 days to file his notice of appeal. However, he did not file his notice of appeal until July 22. Because Franklin did not timely appeal the denial of his motions to dismiss on statutory speedy trial grounds, we lack jurisdiction over that matter.

A motion for reconsideration does not stop the time to appeal under § 25-1912.

State v. Brown · filed 2022-10-21

A motion for reconsideration does not terminate the time for appeal and is considered nothing more than an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.

Section 25-1912 requires a party to file a notice of appeal within 30 days of the judgment, decree, or final order being appealed.

Jahnke v. Jahnke · filed 2024-07-09

Under Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2022), a party must file a notice of appeal within 30 days of the judgment, decree, or final order from which the party is appealing.

Section 25-1912(1) requires a notice of appeal within 30 days of a final order; an untimely appeal does not give the appellate court jurisdiction to review that order.

State on behalf of Brooklynn H. v. Joseph B. · filed 2024-11-05(1)

The present appeal was filed on October 20, which was within 30 days of the September 25 final order in the second contempt action but was not within 30 days of the September 14 order in the first contempt action. We therefore have no jurisdiction over issues pertaining to the September 14 order. See Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 2022) (notice of appeal must be filed within 30 days after entry of judgment, decree, or final order).

An untimely motion for a new trial or to alter or amend a judgment does not toll the time to appeal.

Strauss v. Strauss · filed 2025-04-29(3)

Because Eric’s motion was not timely, it did not toll the appeal time of the decree and is irrelevant for jurisdiction purposes.

Section 25-1912(1) requires an appeal to be filed within 30 days of the district court’s decision.

Dixon v. Jeffreys · filed 2025-05-27(1)

Dixon, however, did not file a timely appeal within 30 days of the state district court’s decision as required by Nebraska law. See Neb. Rev. Stat. § 25-1912(1).

Section 25-1912 requires an appeal from a final order within 30 days.

Npimnee v. State · filed 2025-06-03

Final orders must be appealed within 30 days. See Neb. Rev. Stat. § 25-1912 (Cum Supp. 2024). Npimnee alleged in this complaint that his motion to remit and reinstate his forfeited recognizance was denied on February 8, 2022. He did not appeal this decision; rather, he filed a motion to set aside bond forfeiture on May 31, 2024, iterating that his motion to reinstate the bond was denied on February 8, 2022. Therefore, the forfeiture of his recognizance bond is final.

Section 25-1912 requires an appeal from the denial of a motion for absolute discharge on statutory speedy trial grounds within 30 days; an untimely appeal leaves the appellate court without jurisdiction over that issue.

State v. Whitney · filed 2025-11-18

As such, Whitney was required to appeal the denial of his motion for absolute discharge within 30 days. See Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2024). ... Whitney failed to timely appeal from the county court’s denial of his motion for absolute discharge, and the district court did not have jurisdiction over the issue.

A timely motion to alter or amend a judgment terminates the time to appeal, and a new 30-day appeal period begins when the court dismisses the motion.

Fischer v. Southeast Community College · filed 2026-06-26(3)

We therefore find the November 21, 2024, motion was a motion to alter or amend that terminated the time for filing an appeal, and the 30-day appeal period commenced on January 27, 2025, when the district court overruled that motion.

A notice of appeal must be filed within 30 days after entry of an order ruling on a timely motion to alter or amend a judgment.

Harlan v. Jeffreys · filed 2025-08-14(1) & (3)

Harlan, however, did not file a timely appeal within 30 days of the state district court’s denial of his “Postconviction Motion to Cross Appeal” as required by Nebraska law.3 See Neb. Rev. Stat. § 25-1912(1) & (3) (notice of appeal must be filed within 30 days of entry of order ruling on timely motion to alter or amend a judgment).

Section 25-1912(1) requires a notice of appeal to be filed within 30 days after the district court enters judgment.

Wofford v. Gable · filed 2025-09-09(1)

Wofford had thirty days after the state district court entered its judgment denying his postconviction motion to file a notice of appeal. See Neb. Rev. Stat. § 25-1912(1) (notice of appeal must be filed within 30 days after district court enters its judgment).

A party must file a notice of appeal within 30 days of the judgment, decree, or final order to give the appellate court jurisdiction.

Skyline Ranches Prop. Owners Assn. v. City of Omaha · filed 2026-02-24

Under Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2024), to vest an appellate court with jurisdiction, a party must timely file a notice of appeal. See Arnold v. Walz, 306 Neb. 179, 944 N.W.2d 747 (2020). A party must file a notice of appeal within 30 days of the judgment, decree, or final order from which the party is appealing.

A notice of appeal filed within 30 days of the final sentencing order satisfies § 25-1912 despite an erroneous reference to another sentencing order when the error causes no confusion or prejudice.

State v. Canaday · filed 2002-03-29

Here, the notice of appeal was filed within 30 days of the final sentencing order in the record and, thus, meets the time restrictions of § 25-1912. ... Because the notice was timely filed and the erroneous reference to what was apparently a sentencing order in some other case is neither confusing nor prejudicial to the State, we conclude that we have jurisdiction to consider and resolve the appeal.

Section 25-1912 does not require a notice of appeal to explicitly identify the final order appealed from.

Dominguez v. EPPLEY TRANSP. SERVICES, INC. · filed 2009-04-03(1)

Section 25-1912 does not require that the final order be explicitly identified.

Section 25-1912(1) is substantially complied with when a timely notice of appeal identifies the parties and order being appealed, even if it lists the wrong trial docket number.

Hearst-Argyle v. Entrex Communication Svcs. · filed 2010-02-19(1)

Hearst's defective January 9, 2009, notice of appeal effectively served as a "notice of intention" to prosecute an appeal within the meaning of § 25-1912(1). It displayed the wrong trial docket number, but correctly and specifically identified the parties and the December 12, 2008, order being appealed from. The defendants do not argue that they were confused or misled by the notice of appeal; in fact, the record affirmatively demonstrates that they were not. And Hearst has presented this court with a consolidated record that contains the December 12 order and the evidence upon which the district court's order was based.[8] Under these circumstances, we conclude that § 25-1912(1) was substantially complied with and that we have jurisdiction to consider Hearst's appeal.

A timely notice of appeal signed by the appellant or the appellant’s attorney is sufficient even if its wording identifies only the sentencing order.

State v. Gonzalez-Ramierz · filed 2020-03-17

Further, the Nebraska Supreme Court has indicated that the language of the notice of appeal is inconsequential as long as the notice is filed within 30 days and signed by the appellant or his or her attorney of record as required by Neb. Rev. Stat. § 25-1912 (Reissue 2016). See State v. Canaday, 263 Neb. 566, 641 N.W.2d 13 (2002) (where court found that notice of appeal that referenced sentencing date, offense, and sentence in some other case did not defeat defendant’s right to appeal his conviction and sentence, as it was timely filed and signed by defendant’s attorney). Accordingly, we conclude that the language of the notice of appeal did not limit the appeal to only sentencing issues.

Section 25-1912(1) does not require a notice of appeal to include the appellant’s name.

In re Estate of Lakin · filed 2021-10-08(1)

Looking at the plain language of § 25-1912(1), there is no requirement that a notice of appeal must include the appellant’s name.

A motion to reconsider a criminal sentence does not stop or reset the 30-day appeal deadline under § 25-1912(2).

State v. Spotted Elk · filed 1988-03-18(2)

Equally clearly, however, § 25-1912(2) makes no provision to stop and reset the 30-day appeal deadline clock upon the filing of a motion to reconsider sentence pursuant to § 29-2308.01.

A motion for new trial or rehearing does not toll the time to appeal when the district court reviews a county court judgment; the time runs from the district court’s ruling.

In Re Guardianship and Conservatorship of Sim · filed 1989-11-22

Therefore, a motion for new trial or rehearing is not authorized when the district court sits as an appellate court reviewing the judgment of the county court, and such motion therefore does not toll the time for appealing to this court; the time for such appeal begins to run from the date the district court rules on the judgment of the county court.

Section 25-1912 requires a notice of appeal within 30 days of the final order or the overruling of a timely motion for new trial; an untimely motion does not extend the deadline.

Williams Ex Rel. Wilson v. Gering Public Schools · filed 1990-12-07

In general, the timely filing of a motion for new trial extends the time within which a notice of appeal must be filed to a period of 30 days following the overruling of that motion. ... However, amotion for new trial which is not filed within the time constraints required by statute is a nullity and does not extend the time within which a notice of appeal may be filed.

Section 25-1912 requires a notice of appeal within 30 days of the district court’s decision; a motion for new trial filed when that court acted as an intermediate appellate court does not stop the deadline from running.

Booker v. Nebraska State Patrol · filed 1991-12-20

It necessarily follows then that the filing of a motion for new trial in a court which functioned as an intermediate court of appeals does not stop the running of the time within which to perfect an appeal from the reviewing court. ... The patrol had 30 days from the entry of the district court’s affirmance of the commission’s order within which to file its notice of appeal to this court. See § 25-1912.

Section 25-1912 requires a notice of appeal within 30 days of the final order; an untimely motion for new trial does not extend that deadline.

Metrejean v. Gunter · filed 1992-03-06(1), (2)

Metrejean’s motion for new trial was filed 11 days after the district court entered its order sustaining the demurrer and, hence, was filed after the 10-day period statutorily allowed for filing a motion for new trial. See §§ 25-1143 and 25-1912(2). ... In the present appeal, without a timely motion for new trial, Metrejean had 30 days from June 16, 1989, to perfect her appeal. See § 25-1912(1). Metrejean’s notice of appeal, filed on July 26,1989, was undeniably filed beyond the 30-day limit for filing a notice of appeal. ... Because Metrejean failed to comply with the requirements of § 25-1912(1) for appellate jurisdiction, this court is without jurisdiction to review the district court’s judgment; therefore, Metrejean’s appeal is dismissed.

A motion to reduce a sentence does not toll the time for filing a notice of appeal under § 25-1912(1).

State v. Camomilli · filed 1993-04-20(1)

The filing of a motion to reconsider sentence, made pursuant to the provisions of § 29-2308.01(1), does not toll the time within which a notice of appeal must be filed under the provisions of Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 1992).

Section 25-1912 requires a notice of appeal within 30 days after a final order; a successive motion for new trial does not extend that deadline.

Mason v. Cannon · filed 1994-05-27

Pursuant to Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1992), a notice of appeal must be filed within 30 days after the rendition of the judgment, decree, or final order. Thus, the order overruling the motion to vacate, which is a final order, would require the filing of a notice of appeal within 30 days of June 22, 1992. Instead, Mason filed another motion for new trial, dated June 26, 1992. Because the time for filing an appeal cannot be extended by successive motions for new trial, Mason’s notice of appeal was not timely.

A motion for new trial after a judgment notwithstanding the verdict tolls the time to appeal under § 25-1912 while the motion is pending.

Dunn v. Hemberger · filed 1988-10-21(1)

In view of the express language of § 25-1142(6), we hold that a motion for new trial is authorized after a judgment n.o.v. and, during pendency of such motion, suspends or tolls the time limit to comply with requirements for an appeal to the Nebraska Supreme Court in accordance with § 25-1912.

Section 25-1912 requires an appeal within 30 days; a motion for new trial filed in a district court acting as an appellate court does not toll that deadline.

State v. Deutsch · filed 1993-11-02

Pursuant to Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1992), his appeal to this court must have been filed within 30 days unless tolled by a timely filed motion for new trial. The time for filing an appeal was not tolled by Deutsch’s filing of a motion for new trial in the district court.

Section 25-1912(2) does not extend the 30-day appeal deadline in criminal cases when a defendant files a motion for new trial.

State v. McCormick · filed 1994-07-01(2)

Although § 25-1912(2) provides for the termination of the 30-day limitation period, this terminating provision does not apply to criminal actions.

A timely new trial motion by any party stops the appeal filing period for all parties until the court rules on the motion, and a notice filed before that ruling has no effect.

HORACE MANN COMPANIES v. Pinaire · filed 1993-06-22(2)

In accordance with § 25-1912(2), the timely filing of Zipay’s motion for reconsideration (new trial) terminated the running of the 30-day appeal time “as to all parties,” meaning both Zipay and Pinaire.

Section 25-1912(2) tolls the time to appeal when a motion for new trial is filed after the district court hears a small claims appeal de novo; a notice of appeal filed before that motion is decided has no effect.

Sutherland v. Shoemaker · filed 1994-05-10(2)

However, a motion for new trial tolls the time during which a notice of appeal must be filed. § 25-1912(2). ... Thus, although the filing of a motion for new trial in the district court sitting as an intermediate appellate court is inappropriate and does not toll the time for filing a notice of appeal, Booker v. Nebraska State Patrol, 239 Neb. 687, 477 N.W.2d 805 (1991), the filing of Shoemaker’s motion for new trial in the district court hearing the case de novo was appropriate and tolled the time for filing a notice of appeal. Since the motion for new trial has not been ruled upon by the district court, the notice of appeal to this court has no effect.

Section 25-1912 requires a notice of appeal within 30 days after a ruling on a timely motion for new trial; an untimely motion does not extend the appeal period.

Zoet v. Zoet · filed 1993-09-28

Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1992) requires a notice of appeal to be filed within 30 days of a ruling on a motion for new trial, or an appellate court has no jurisdiction. ... However, a motion for new trial that is not filed within the time restraints of § 25-1143 will not extend the time within which a notice of appeal must be filed.

Section 25-1912(2) does not suspend the 30-day appeal deadline when a motion for new trial is filed after the 10-day limit, even if the late filing is allowed because the party was unavoidably prevented from filing on time.

Manske v. Manske · filed 1994-07-08(2)

While § 25-1143 allows for filing of an untimely motion for new trial after the 10-day period if a party is unavoidably prevented from timely filing such motion, as Manske herein so alleged in his combined motion, such a filing outside the 10-day timé limit would not, in any event, toll the 30-day appeal time of § 25-1912(1).

A timely motion for new trial stops the appeal notice period for all parties; the ruling on that motion becomes the appealable final order.

Buffalo County v. Kizzier · filed 1996-06-07(2)

Neb. Rev. Stat. § 25-1912(2) (Reissue 1995) provides that the timely filing of a motion for new trial terminates the “running of the time for filing a notice of appeal ... as to all parties . . . .” A reading of those statutory provisions together makes clear that once a timely motion for new trial is filed, there no longer exists an appealable judgment, decree, or other order.

A motion for new trial filed in a district court acting as an intermediate appellate court does not toll the 30-day appeal deadline.

Morello v. CITY OF OMAHA ZONING BD. · filed 1997-06-10(2)

Thus, Morello's motion for new trial did not stop the running of the time within which to perfect an appeal. Pursuant to § 25-1912(1), Morello had 30 days from the entry of the district court's December 4, 1995, order in which to file an appeal. Because Morello failed to meet this deadline, we lack jurisdiction of the appeal.

A criminal defendant who timely moves for a new trial may challenge its denial in a properly perfected direct appeal from the judgment without filing a separate appeal from the denial.

State v. Thomas · filed 2002-01-11(1)

In a criminal case, errors assigned by the defendant based on the overruling of a timely filed motion for new trial may be assigned as error in a properly perfected direct appeal from the judgment.

A timely motion to alter or amend a judgment terminates the appeal period under § 25-1912(3), and a notice of appeal filed while the motion is pending is ineffective.

State Ex Rel. Serrano v. Bellamy · filed 2002-10-18(3)

Thus, the commission’s motion for reconsideration is a motion to alter or amend a judgment under § 25-1329, which terminated the appeal period under § 25-1912(3). As a result, the commission’s notice of appeal was prematurely filed and this court does not have jurisdiction over the commission’s purported appeal.

A motion for a new trial filed after an action is dismissed by operation of law is a nullity and does not stop the 30-day period for filing a notice of appeal under § 25-1912(1).

Dillion v. Mabbutt · filed 2003-05-02(1)

We note that Dillion filed a motion for a new trial after the April 8, 2002, order and that generally the filing of a motion for a new trial terminates the running of the appeal period. § 25-1912(1). However, if orders are made following a dismissal under § 25-217, they are a nullity, as are subsequent pleadings. Kovar, supra; Vopalka, supra. Thus, Dillion’s motion for a new trial and the court’s May 13 journal entry addressing it were nullities, and the motion did not terminate the running of the 30 days within which Dillion had to file her notice of appeal. As a result, Dillion’s notice of appeal was untimely and we lack jurisdiction.

A motion for new trial does not extend the appeal deadline when the district court acted as an intermediate appellate court reviewing a zoning board decision.

Morello v. City of Omaha Zoning Board of Appeals · filed 1997-06-10(2)

Thus, Morello’s motion for new trial did not stop the running of the time within which to perfect an appeal. Pursuant to § 25-1912(1), Morello had 30 days from the entry of the district court’s December 4, 1995, order in which to file an appeal. Because Morello failed to meet this deadline, we lack jurisdiction of the appeal.

A motion to alter or amend a judgment terminates the appeal period, allowing a notice of appeal within 30 days after the motion is denied.

DeBose v. State · filed 2003-12-19(3)

Thus, the appellants’ motion is properly characterized as a motion to alter or amend a judgment, which terminated the appeal period. Because the appellants filed their notice of appeal within 30 days of the denial of their motion to alter or amend a judgment, the Court of Appeals had jurisdiction over their appeal.

A timely motion to alter or amend a judgment terminates the appeal period and makes a notice of appeal filed before the court rules on the motion ineffective; a new notice must be filed after the ruling.

State v. Blair · filed 2005-11-15(3)

Pursuant to § 25-1912(3), when any terminating motion such as the motion to alter or amend is timely filed, 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. That section further states that a new notice of appeal shall be filed within the prescribed time after the entry of the order ruling on the motion.