PINNACLE OF V TRIAL

The first party to perfect an appeal shall file a petition on appeal in the district court within fifty days after the filing of the notice of appeal. The filing of the notice of appeal shall confer jurisdiction on the district court. The transcript prepared in response to the second notice of appeal shall contain only a copy of such notice and the proceedings shall be filed in the district court as a single cause of action. When notice of appeal is filed by both the condemner and the condemnee, such transcript shall be prepared only in response to the first notice of appeal. 297 Within thirty days after the filing of such notice of appeal, the county judge shall prepare and transmit to the clerk of the district court a duly certified transcript of all proceedings had concerning the parcel or parcels of land as to which the particular condemnee takes the appeal upon payment of the fees provided by law for preparation thereof. BACKGROUND Because much of this appeal centers upon the meaning of В§ 76-717, we quote it in full: - 299 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports PINNACLE ENTERS. But the court did not abuse its discretion in denying PinnacleвЂ™s motion for sanctions relating to PapillionвЂ™s motion for summary judgment, and we affirm that denial. В§ 76-717 (Reissue 2018) confers jurisdiction once a notice of appeal is filed, the court erred in dismissing the appeal and we reverse that dismissal.

After 41вЃ„2 years and one judicial recusal, the court dismissed the appeal for lack of jurisdiction. Pinnacle appealed the award to district court.

INTRODUCTION The City of Papillion, Nebraska (Papillion), condemned land owned by Pinnacle Enterprises, Inc. Cassel, Stacy, Funke, Papik, and Cassel, J. Rupiper, Papillion City Attorney, and Amber L.

Ward, of Koley Jessen, P.C., L.L.O., and Karla R. Schneider, of Sherrets, Bruno & Vogt, L.L.C., for appellant. Affirmed in part, and in part reversed and remanded for further proceedings. Appeal from the District Court for Sarpy County: George A. В§ 25-824(4) (Reissue 2016), the term вЂњfrivolousвЂќ connotes an improper motive or legal position so wholly without merit as to be ridiculous. Actions: Attorney Fees: Words and Phrases. In crafting a reasonable sanction, a court should consider the circumstances and any resulting prejudice to other parties. В§ 76-717 (Reissue 2018), only where it becomes necessary for a district court to order an appealing party to file a petition on appeal does it also become necessary for the court to impose such sanctions as are reasonable. Courts: Judgments: Pleadings: Appeal and Error. 298 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports PINNACLE ENTERS. In a condemnation action, only the filing of the notice of appeal and, by extension, service of this notice is jurisdictional.

Eminent Domain: Jurisdiction: Notice: Appeal and Error. Statutory language is to be given its plain and ordinary meaning, and an appellate court will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous. No court is required to persist in error, and, if the court concludes that a former ruling was wrong, the court may correct it at any time while the case is still in the courtвЂ™s control.

PINNACLE OF V TRIAL

A trial court, in its discretion, may permit the renewal and resubmission of a motion which has previously been overruled. When an appellate court remands a case to an inferior tribunal, the law-of-the-case doctrine prevents that court from taking action inconsistent with the judgment of the appellate court. Under the law-of-the-case doctrine, a well-recognized waiver rule has emerged: A decision made at a previous stage of litigation, which could have been challenged in the ensuing appeal but was not, becomes the law of the case the parties are deemed to have waived the right to challenge that decision. The standard of review of a trial courtвЂ™s determination of a request for sanctions is whether the trial court abused its discretion. Determination of a jurisdictional issue which does not involve a factual dispute is a matter of law which requires an appellate court to reach its conclusions independent from a trial court. Judgments: Jurisdiction: Appeal and Error. Statutory interpretation presents a question of law. 297 Pinnacle Enterprises, Inc., appellant, v. Nebraska Supreme Court Online Library 08:16 AM CST - 297 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports PINNACLE ENTERS.

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