Evert v. Srb, 957 N.W.2d 475

Adjacent Nebraska landowners (Evert v. Srb) disputed contribution for construction of a division fence under Neb. Rev. Stat. § 34-112.02.
County court found the Everts met statutory prerequisites and concluded a fence was needed, but issued a conditional order: Srbs had 10 days to state willingness to build; if they refused or failed to respond, Everts could enter, clear obstacles, build the fence, and later submit an itemized cost statement; Srbs could request a hearing within 10 days of that statement.
The county court limited Srbs’ monetary liability to an equitable one-half of costs but left the final amount contingent on post-construction accounting and possible contest.
Srbs appealed to the district court; the district court affirmed the county court’s findings but remanded for determination of the contribution amount and criticized equitable provisions.
Nebraska Supreme Court held the county court order was conditional and not appealable, so the district court lacked jurisdiction; it reversed the district court, vacated its order, and remanded with directions to dismiss the appeal.

Issue	Plaintiff's Argument (Evert)	Defendant's Argument (Srb)	Held
Whether the county court order was a final, appealable judgment	The order disposed of the claim and required no further court action	The order was conditioned on future events and thus interlocutory/nonappealable	The order was conditional, not a final judgment; not appealable; district court lacked jurisdiction
Whether a conditional order becomes appealable upon occurrence of specified conditions	The order constituted a final determination (i.e., appeal proper)	Conditional orders do not automatically become appealable; final order required	Conditional orders do not automatically become appealable; appeal may proceed only after a final order is entered

In re Estate of Abbott-Ochsner, 299 Neb. 596, 910 N.W.2d 504 (jurisdictional questions are questions of law for appellate courts)
Village of Orleans v. Dietz, 248 Neb. 806, 539 N.W.2d 440 (county court ruling not a judgment; district court lacked jurisdiction)
Deuth v. Ratigan, 256 Neb. 419, 590 N.W.2d 366 (when cause is retained for further action order is interlocutory)
Custom Fabricators v. Lenarduzzi, 259 Neb. 453, 610 N.W.2d 391 (conditional orders that do not perform in praesenti lack force as final orders)
Stevens v. Stevens, 292 Neb. 827, 874 N.W.2d 453 (orders conditioning court jurisdiction on future action are not appealable)
Nichols v. Nichols, 288 Neb. 339, 847 N.W.2d 307 (conditional order is not a judgment)
Fitzgerald v. Community Redevelopment Corp., 283 Neb. 428, 811 N.W.2d 178 (conditional judgments are void and not appealable)
Omaha Expo. & Racing v. Nebraska State Racing Comm., 307 Neb. 172, 949 N.W.2d 183 (appellate court may determine lack of jurisdiction from lower court)
Francisco v. Gonzalez, 301 Neb. 1045, 921 N.W.2d 350 (appellate court may vacate void orders and remand with directions)