S-25-0859 1 Cono Contracting and Mauro Rubio (Appellants) v. Catarino Lopez (Appellee)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Douglas County, Judge LeAnne M. Srb
Attorneys: Theodore R. Boecker, Jr. (Boecker Law, P.C., L.L.O. for Appellants) and James R. Walz (Walz Law Offices for Appellee)
Workers’ Compensation: Jurisdiction
Proceedings Below: After the Nebraska Workers’ Compensation Court entered judgment in favor of the worker and against the employer, the judgment was registered with the district court. The district court granted the worker’s motion to dismiss. On appeal to the Nebraska Court of Appeals, it determined it lacked jurisdiction and dismissed the case. Appellants petitioned for further review, which the Supreme Court granted and transferred this case to its docket.
Issues: On petition for further review, Appellants assign the following errors: 1) The Court of Appeals erred in dismissing the appeal filed by Appellants without consideration as to whether or not Nebraska statute provided a mechanism to allow Appellants to challenge a judgment that had been entered against him; and 2) The Court of Appeals erred in failing to grant/sustain Appellants’ motion for rehearing.