Cerny v. Longley

This is an appeal from an order of the district court for Douglas County granting a motion for new trial and entering summary judgment in favor of the defendants in a civil action after the court had previously denied, in part, a motion for summary judgment filed by the defendants. We conclude that because there was no final judgment which could be the subject of a motion for new trial, the appeal must be dismissed for lack of jurisdiction and the cause remanded for further proceedings.

BACKGROUND

Melvin R. Cemy, one of the plaintiffs below, alleges in this action that various health care…