Legal Opinion · Concurrence

Hall v. Progress Pig, Inc.

Nebraska Supreme Court

Decided March 6, 1998No. S-96-857Published

1ConcurrenceCaporale, J.

Although I agree that the plaintiffs have standing and that the cause is to be remanded to the district court, I write separately, for it seems to me the majority’s opinion implies that this court possesses the authority to have reviewed the cause on the merits had it elected to do so. I respectfully submit that under present law, no such authority exists.

Neb. Rev. Stat. § 25-1925 (Reissue 1995) provides that an appellate court, in its appellate review of suits in equity, shall review de novo those “findings of fact of the district court” *161which an appellant seeks to have reviewed. Thus, §…

2Cases cited7 opinions

  1. How v. MarsNebraska Supreme Court · 1994
  2. Hanigan v. TrumbleNebraska Supreme Court · 1997
  3. Robison v. MadsenNebraska Supreme Court · 1994
  4. State, Department of Roads v. Merritt Bros. Sand & Gravel Co.Nebraska Supreme Court · 1966
  5. Beaver Lake Ass'n v. SorensenNebraska Supreme Court · 1989

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