TierOne Bank v. Cup-O-Coa, Inc.

Cassel, Judge.

INTRODUCTION

We consider the motion of TierOne Bank (TierOne) for summary dismissal. We lack jurisdiction over this appeal, not because, as TierOne contends, the appellants filed their notice of appeal out of time, but, rather, because the pendency of a complaint in intervention by Kearney State Bank and Trust Company (Kearney) and the absence of the language required by Neb. Rev. Stat. § 25-1315 (Cum. Supp. 2006) means that the order sought to be appealed was interlocutory.

BACKGROUND

The transcript does not contain the initial complaint. Thus, we infer from other documents before…