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CERNY v. TODCO BARRICADE CO.

No. S-05-877.

733 N.W.2d 877 (2007)

273 Neb. 800

Melvin R. CERNY and Linda Cerny, Appellants and Cross-Appellees, and Geotechnical Services, Inc., a Nebraska Corporation, Appellee, v. TODCO BARRICADE COMPANY, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

June 29, 2007.

Attorney(s) appearing for the Case

James D. Sherrets and Theodore R. Boecker, of Sherrets & Boecker, L.L.C., Omaha, for appellants and appellee Geotechnical Services, Inc.

Thomas J. Culhane, of Erickson & Sederstrom, P.C., Omaha, for appellee Todco Barricade Company.

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

GERRARD, J.

Melvin R. Cerny and Linda Cerny appeal from a partial summary judgment order of the district court, which entered judgment against some of their claims, but reserved one claim for trial. The court certified its partial summary judgment as a final judgment pursuant to Neb.Rev. Stat. § 25-1315(1) (Cum. Supp. 2006), but we conclude that the court abused its discretion in doing so. We vacate the court's certification of final judgment and dismiss the...

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