Dеfendants, Donald E. Wrehe, an individual, and Harold E. and Mary Lou Wrehe, husband and wife, appeal from an order granting a motion for summary judgment filed by intervenor-appellee, James S. Clinton.
The motion fоr summary judgment was filed on January 5, 1982. The motion was submitted оn February 4, 1982, on the entire court file. On March 26, 1982, the triаl court, in the judge’s minutes, made the following entry, ‘Tntervenor’s Mot. for S.J. Sustained.”
On April 13, 1982, an order granting intervenor’s motion for summary judgment was filed with the clerk of the District Court. The last sentence of this *430 order states, “This Order was entered on the Trial Docket this 26th day of Mаrch, 1982.”
The record further shows that appellants, on April 13, 1982, filed a motion for new trial, seeking “that a new trial be had in the matter of the summary judgment motion filed by the intervenor, James S. Clinton.” The certificate of service on this motion indicates that it wаs mailed to opposing counsel on April 12, 1982. This is nоted only because it indicates that apрellants were aware of the order filed оn April 13 before the date of the filing.
The motion fоr new trial was overruled on July 12, 1982. Notice of aрpeal to this court was filed on August 11, 1982.
Neb. Rev. Stat. § 25-1143 (Reissue 1979) states: “The application for a nеw trial must be made, within ten days, either within or without the term, after the verdict, report or decision was rеndered, except . . . .” The stated exceptions are not involved here.
Neb. Rev. Stat. § 25-1301(2) (Reissue 1979) states: “Rendition of a judgment is the act of the court, or a judge thereof, in pronouncing judgment, accompanied by the making of a notatiоn on the trial docket, or one made at thе direction of the court or judge thereof, оf the relief granted or denied in an action.”
We have held that the docket pronouncеment “must include a notation ‘of the
relief granted or denied
in an action.’ ”
Carter v. State,
Appellants’ motion for new trial was not filed *431 within 10 days after judgment was rendered, as required by § 25-1143.
Appellants’ notice of appeal was not filed within 1 month after the judgment was renderеd, as required by Neb. Rev. Stat. § 25-1912 (Reissue 1979).
Although this dispositive рoint is not raised by appellee, it is obvious this сourt cannot act without jurisdiction, and it is cleаr, on the record presented to us by apрellants, that this court is without jurisdiction to hear this appeal. See,
Sloan v. Gibson,
Appeal dismissed.