CAPITOL CONST., INC. v. SKINNER

No. S-08-588.

778 N.W.2d 721 (2010)

279 Neb. 419

CAPITOL CONSTRUCTION, INC., appellee, v. Mickey C. SKINNER and Jean M. Skinner, as Property Owners, and Mike Skinner, as Contractor, appellants.

Supreme Court of Nebraska.

February 12, 2010.


Attorney(s) appearing for the Case

Aaron D. Weiner, of Abrahams, Kaslow & Cassman, L.L.P., Omaha, for appellants.

Brian T. McKernan, of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellee.

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


GERRARD, J.

The district court, sitting as an appellate court, dismissed the appellants' appeal. The appellants asked the district court to reinstate the appeal, alleging that they had not received notice of the impending dismissal. The district court refused, and the appellants appealed again, arguing that the district court should have reinstated their appeal. But the Nebraska Court of Appeals dismissed their appeal as untimely, because they had not appealed within...

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