Legal Opinion

Cerny v. Todco Barricade Co.

Nebraska Supreme Court

Decided June 29, 2007No. S-05-877PublishedCited by 34 opinions

1Opinion of the CourtGerrard, J.

Melvin R. Cerny and Linda Cerny appeal from a partial summary judgment order of the district court, which entered judgment against some of their claims, but reserved one claim for trial. The court certified its partial summary judgment as a final judgment pursuant to Neb. Rev. Stat. § 25-1315(1) (Cum. Supp. 2006), but we conclude that the court abused its discretion in doing so. We vacate the court’s certification of final judgment and dismiss the appeal.

BACKGROUND

Melvin Cerny was injured in a traffic accident in Omaha, Nebraska, on August 7, 1998. At the time, Interstate 680 was under…

2Cases cited51 opinions

  1. Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
  2. Amerisourcebergen Corporation v. Dialysist West, Inc.Court of Appeals for the Ninth Circuit · 2006
  3. Noble v. ColwellOhio Supreme Court · 1989
  4. Professor Harriet Spiegel v. The Trustees of Tufts CollegeCourt of Appeals for the First Circuit · 1988
  5. Jack Walters & Sons Corp. v. Morton Building, Inc.Court of Appeals for the Seventh Circuit · 1984

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3Cited by34 opinions

  1. Law Offices of Ronald J. Palagi v. HowardNebraska Supreme Court · 2008
  2. Cattle Nat. Bank & Trust Co. v. WatsonNebraska Supreme Court · 2016
  3. Pennfield Oil Co. v. WinstromNebraska Supreme Court · 2008
  4. Boyd v. CookNebraska Supreme Court · 2018
  5. Kuhn v. WELLS FARGO BANK OF NEBRASKANebraska Supreme Court · 2009

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