Giangrasso v. Eagle Distributing Co.

Full title: DOMINICK L. GIANGRASSO, APPELLANT, v. EAGLE DISTRIBUTING COMPANY, APPELLEE

Court: Supreme Court of Nebraska

Date published: Apr 3, 1970

185 Neb. 406 (Neb. 1970)

176 N.W.2d 16

Opinion

No. 37366.

Filed April 3, 1970.

Judgments: Appeal and Error: Time. Where a notice of appeal is not filed within 1 month from the entry of the judgment or final order appealed from, this court obtains no jurisdiction to hear the appeal and it must be dismissed.

Appeal from the district court for Douglas County: JOHN E. MURPHY, Judge. Appeal dismissed.

Thomas P. Kelley of Kelley, Grant, Costello Dugan, for appellant.

Gross, Welch, Vinardi, Kauffman, Schatz Day, for appellee.

Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.

McCOWN, J.

Where a notice of appeal is not filed within 1 month from the entry of the judgment or final order appealed from, this court obtains no jurisdiction to hear the appeal and it must be dismissed. See, 25-1912, R.R.S. 1943; Ruan Transport Corp. v. Peake, Inc., 163 Neb. 319, 79 N.W.2d 575; Morimoto v. Nebraska Children's Home Society, 176 Neb. 403, 126 N.W.2d 184.

The notice of appeal in this workmen's compensation case having been filed out of time, the appeal is dismissed.

APPEAL DISMISSED.