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CERNY v. LONGLEY

No. S-02-633.

661 N.W.2d 696 (2003)

266 Neb. 26

Melvin R. CERNY et al., appellants, v. Michael LONGLEY, M.D., et al., appellees.

Supreme Court of Nebraska.

May 30, 2003.

Attorney(s) appearing for the Case

James D. Sherrets and Theodore R. Boecker, Jr., of Sherrets & Boecker, L.L.C., Omaha, for appellants.

Mark E. Novotny and William M. Lamson, of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee Immanuel Medical Center, doing business as Alegent Health Immanuel Medical Center.

P. Shawn McCann, of Sodoro, Daly & Sodoro, and, on brief, Patrick W. Meyer Omaha, for appellees Michael Longley, M.D.; Eric Phillips, M.D.; Nebraska Spine Surgeons, P.C.; Nebraska Spine Center, L.L.C.; and Nebraska Spine Center, L.L.P.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

STEPHAN, J.

This is an appeal from an order of the district court for Douglas County granting a motion for new trial and entering summary judgment in favor of the defendants in a civil action after the court had previously denied, in part, a motion for summary judgment filed by the defendants. We conclude that because there was no final judgment which could be the subject of a motion for new trial, the appeal must be dismissed for lack of jurisdiction and the cause...

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