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QWEST v. HEADLINERS-1299 FARNAM, LLC

No. A-06-1361.

727 N.W.2d 724 (2007)

15 Neb. App. 405

QWEST BUSINESS RESOURCES, INC., a Colorado corporation, Appellee, v. HEADLINERS-1299 FARNAM, LLC, an Ohio limited liability company, and Retail Construction, LLC, an Ohio limited liability company, Appellees, and Headliners Entertainment Group, Inc., a Delaware corporation, Appellant.

Court of Appeals of Nebraska.

February 27, 2007.

Attorney(s) appearing for the Case

George A. Sutera, of Sutera Law Office, Omaha, for appellant.

Thomas O. Kelley, of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellee Qwest Business Resources, Inc.

CARLSON, MOORE, and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

This appeal presents the first opportunity for a Nebraska appellate court to determine whether an order overruling a pretrial motion to dismiss pursuant to Neb. Ct. R. of Pldg. in Civ. Actions 12(b)(1), (2), and (6) (rev. 2003) is a final order. Because this appeal was taken from an order which is not final, we lack jurisdiction, and accordingly, we dismiss the appeal.

BACKGROUND

Qwest Business Resources, Inc...

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