S-26-0010 Mark D. Elbert (Appellant) v. Gary Young and Keating, O’Gara, Nedved & Peter, PC, LLP (Appellant)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Sarpy County, Judge Michael A. Smith
Attorneys: Theodore R. Boecker, Jr. (Boecker Law, P.C., L.L.O. for Appellant) and Nathan D. Clark, Andre R. Barry, and Jackson T. Billings (Cline Williams Wright Johnson & Oldfather, LLP for Appellee)
Civil: Final order
Proceedings Below: After the district court dismissed Appellant’s complaint, he filed a motion to vacate the dismissal, which the district court denied. Appellant then filed a motion for the district court to reconsider, which it denied. On appeal to the Nebraska Court of Appeals, it dismissed the appeal for lack of jurisdiction because the district court granted Appellee’s motion to dismiss its counterclaim without prejudice. Appellant petitioned for further review, which the Supreme Court granted and transferred this case to its docket.
Issues: On petition for further review, Appellant assigns the following error: 1) The Court of Appeals erred in dismissing the appeal filed by appellant for lack of jurisdiction.