Anderson v. Finkle, 296 Neb. 797

In May 2013 Steve Finkle signed a $50,000 promissory note (5% interest) to fund Summer Productions, LLC; he failed to pay.
Steven B. Anderson (plaintiff) sued for breach of contract and quantum meruit; trial occurred August 25, 2015.
Anderson died on October 2, 2015; a personal representative was appointed October 30.
The district court entered judgment for Anderson on November 30, 2015, and later denied Finkle’s posttrial motion on January 29, 2016 — both after Anderson’s death and before an order of revivor.
The estate moved for revivor on January 25, 2016; the court issued an order reviving the action in the personal representative’s name on March 1, 2016.
Finkle filed two appeals: (1) from the postdeath judgment and denial of a new trial, and (2) from the order of revivor and underlying rulings. The Supreme Court dismissed both appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court had jurisdiction to enter judgment and deny posttrial relief after the plaintiff’s death but before revivor	Anderson (through filings before death) implicitly continued the action; judgment is valid	Finkle: death suspended the action; court lacked jurisdiction until action was revived	Held: Death suspended the action; court lacked jurisdiction to enter judgment or deny new trial; those orders were void
Whether the order reviving the action was appealable immediately	Estate: revivor proper and supports underlying judgments	Finkle: revivor and underlying orders reviewable on appeal	Held: An order of revivor is not a final, appealable order; appeal from revivor dismissed for lack of finality
Merits challenge to enforceability of the promissory note (parol evidence, credibility, consideration, personal liability)	Anderson: promissory note valid and enforceable	Finkle: trial court misapplied parol evidence rule, testimony unreliable, no consideration, no personal liability	Held: Court did not reach merits on appeal because jurisdictional defects and nonfinality required dismissal of appeals

Platte Valley Nat. Bank v. Lasen, 273 Neb. 602 (revivor order is not immediately appealable)
Fox v. Nick, 265 Neb. 986 (death suspends action until revivor; pending action must be revived as provided by statute)
In re Conservatorship of Franke, 292 Neb. 912 (statutory interpretation and jurisdiction principles)
State v. Bracey, 261 Neb. 14 (orders entered without jurisdiction are void)
Holste v. Burlington Northern RR. Co., 256 Neb. 713 (revivor/order finality principles)
Hallie Mgmt. Co. v. Perry, 272 Neb. 81 (appealability of nonfinal orders)
Street v. Smith, 75 Neb. 434 (historical precedent on suspension and revivor of actions)