O'CONNOR v. Kaufman

The question in this case is whether an order sustaining a motion for partial summary judgment, which grants a permanent injunction but reserves the issue of monetary damages for later disposition, is a final, appealable order pursuant to Neb. Rev. Stat. § 25-1902 (Reissue 1995).

Evelyn A. O’Connor initially filed suit in Scotts Bluff County District Court, alleging ownership of an implied easement for the use of a water well located on David A. Kaufman and Virginia L. Kaufman’s property. The Kaufmans responded by filing a motion for summary judgment, which the district court sustained.…