Moell v. Mennonite Deaconess Home & Hospital, Inc.

L. Dwight Moell, M.D., assigns as error the dismissal of his petition following his refusal to amend same after the sustainment of the demurrers of Mennonite Deaconess Home and Hospital, Inc., and the individual members of its board of directors. The demurrers were based on the grounds that the district court lacked subject matter jurisdiction and that the petition failed to state a cause of action. We dismiss the appeal for lack of jurisdiction.

Neb. Rev. Stat. § 25-806 (Reissue 1979) permits a defendant to question the jurisdiction of a court over the subject matter of a proceeding as…