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WOODWARD v. YONKER

No. A-92-165.

510 N.W.2d 480 (1993)

Mike WOODWARD, doing business as ISLAND MARINE, Appellant, v. David L. YONKER, doing business as CAPTAIN'S QUARTERS MARINA AND STORAGE, Appellee.

Court of Appeals of Nebraska.

July 13, 1993.

Attorney(s) appearing for the Case

John B. McDermott, of McDermott & Depue, Grand Island, for appellant.

John R. Higgins, Jr., of Paine, Huston & Higgins, Grand Island, for appellee.

SIEVERS, C.J., and HANNON and IRWIN, JJ.

SIEVERS, Chief Judge.

We take this opportunity to point out that the filing of a motion for a new trial in the district court on an appeal of a county court's judgment is a procedural tactic fraught with jurisdictional danger. Such a motion does not toll the running of the 30-day limit in which to perfect an appeal to this court.

PROCEDURAL BACKGROUND

Mike Woodward, doing business as Island Marine, initiated this action against David L. Yonker...

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