S-25-0087 Continental Indemnity Company (Appellant) v. AXIS Surplus Insurance Co. and Starr Indemnity & Liability Co. (Appellee)
Appeal from the District Court for Douglas County, Judge Duane Dougherty
Attorneys: Jeffrey A. Silver (Attorney for Appellant) and Amy L. Horne and Dwyer Arce (Kutak Rock, LLP for Appellee)
Civil: Rendition of judgment
Proceedings below: Appellant filed suit against Appellee and sought indemnity, and the district court dismissed the suit. On appeal, the Court of Appeals cited Elbert v. Keating, O’Gara, Nedved & Peter, P.C., L.L.O., 319 Neb. 390, 22 N.W.3d 671 (2025) and granted Appellee’s motion for renewed summary dismissal. Appellant petitioned for further review, which the Supreme Court granted and transferred this case to its docket.
Issues: On petition for further review, Appellant makes the following arguments: 1) Unlike in Elbert, supra, there was a final order in this case providing the appellate court with jurisdiction; and 2) This Court has jurisdiction as a result of the district court’s dismissal of Starr with prejudice and the subsequent dismissal of Axis without prejudice.