Swift v. Norwest Bank-Omaha West, 828 N.W.2d 755

Swift filed 2009 suit against Norwest/N Wells Fargo seeking CD balance and interest from a 1984 CD.
CD issued July 19, 1984, for $15,000, with 10.5% interest and auto-renewal unless notified otherwise.
Decker (Swift’s mother) and Swift were joint depositors with survivorship; Decker died in 1991.
CD matured April 19, 1985; Swift did not sue within 7 years after maturity, and had no renewal notices within 7 years before suit.
Wells Fargo argued the action was time-barred under Neb. Rev. Stat. § 25-227, governing payment of CDs.
District court granted summary judgment; Swift appealed challenging the statute and ownership arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Swift’s claim is time-barred under § 25-227.	Swift argues renewal/extension revived the claim.	Wells Fargo contends § 25-227 bars action.	Yes; claim barred by § 25-227(3) as to automatically renewing CD.
Whether the CD is a negotiable instrument under UCC Article 3.	Swift treated the CD as a negotiable instrument.	CD not negotiable because not payable to bearer and nontransferable.	CD not negotiable; UCC Article 3 not applicable.
When the action must be commenced for an automatically renewing CD after 2008.	Swift could rely on last renewal/obligation communications.	Dispute governed by § 25-227(3) with later of maturity or July 1, 2008 dates.	Action must be commenced by the later of: 7 years after maturity or 1 year after July 1, 2008; Swift filed in 2009, barred.
Whether the § 25-227 challenge is governed by constitutional considerations.	Swift challenged constitutionality of § 25-227.	Constitutional issue not raised below; not reviewable on appeal.	Not decided; waived for failure to raise below (Shepherd rule).

Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777 (2012) (summary judgment standard; appellate review admissible evidence viewed in light for verdict)
Shepherd v. Chambers, 281 Neb. 57 (2011) (constitutional issues not raised below not reviewable on appeal)