Neb. Rev. Stat. § 25-207 (providing statute of limitations for fraud claims and actions for any “injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated .. ..”); see also Keith v. Data Enterprises, Inc., 925 N.W.2d 723, 732 (Neb. Ct. App. 2019) (“The statute of limitations for . . . negligent misrepresentation is 4 years.”)
Gerhold states this is crucial as a recent Nebraska Supreme Court would not permit a party to change its breach of contract action to a contribution claim to extend the statute of limitations. Keith v. Data Enterprises, Inc., 27 Neb. App. 23, 34, 925 N.W.2d 723, 732 (2019) ("Keith cannot save any separate causes of action for contract and tort against DCR by trying to retitle them as indemnity claims; the district court properly concluded that these claims were barred by the statute of limitations"). Thus, argues Gerhold, this claim is likewise barred by the five-year statute of limitations.
In Nebraska, the applicable statute of limitations for Fry's emotional-distress claims, Neb. Rev. Stat. § 25-207 (Westlaw 2019), is four years.Keith v. Data Enterprises, Inc., 925 N.W.2d 723, 732 (Neb. App. 2019) ("The statute of limitations for negligence . . . is 4 years."; citing Neb. Rev. Stat. § 25-207(3) (Reissue 2016)); Anonymous v. St. John Lutheran Church of Seward, 703 N.W.2d 918 (Neb. App. 2005) (applying statute of limitations in Neb. Rev. Stat. § 25-207(3) to claim for intentional infliction of emotional distress claim).
We reach the same ultimate conclusion as the district court and find that the DEPA was not superseded or replaced by the 2008 Shareholders' Agreement. See Keith v. Data Enters., 27 Neb.App. 23, 925 N.W.2d 723 (2019) (if trial court arrives at correct result even though it uses reason different from that expressed by appellate court, its judgment will still be upheld).
We find no plain error in the district court's inclusion of the property as marital, but for a reason different than that contained in its order. SeeKeith v. Data Enters., 27 Neb.App. 23, 925 N.W.2d 723 (2019) (if trial court arrives at correct result even though it uses reason different from that expressed by this court, its judgment will be upheld).
We note for the sake of completeness that, while Infante's complaint and arguments on appeal are all predicated on the PSTCA's applicability, her claims are time-barred even if the insurance waiver was deemed to remove the case from the time bar specified by the PSTCA. Under Neb. Rev. Stat. § 25-207 (Reissue 2016), tort claims are subject to a 4-year statute of limitations unless otherwise specified. See, also, Kant v. Altayar, 270 Neb. 501, 704 N.W.2d 537 (2005) (intentional infliction of emotional distress); Keith v. Data Enters., 27 Neb. App. 23, 925 N.W.2d 723 (2019) (negligence). Section 25-208 specifies that actions for libel and slander must be brought within 1 year.