O'CONNOR v. KAUFMAN

No. S-97-860.

582 N.W.2d 350 (1998)

255 Neb. 120

Evelyn A. O'CONNOR, Appellee, v. David A. KAUFMAN and Virginia L. Kaufman, Appellants.

Supreme Court of Nebraska.

July 24, 1998.


Attorney(s) appearing for the Case

John P. Weis, of Sorensen & Zimmerman, P.C., Scottsbluff, for appellants.

James Duffy O'Connor, of Maslon, Edelman, Borman & Brand, L.L.P., and Steven C. Smith, of Van Steenberg, Chaloupka, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellee.

WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.


WHITE, Chief Justice.

The question in this case is whether an order sustaining a motion for partial summary judgment, which grants a permanent injunction but reserves the issue of monetary damages for later disposition, is a final, appealable order pursuant to Neb.Rev.Stat. § 25-1902 (Reissue 1995).

Evelyn A. O'Connor initially filed suit in Scotts Bluff County District Court, alleging ownership of an implied easement for the use of a water well located...

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