State v. Hunter
| Decision Date | 23 February 1990 |
| Docket Number | No. 89-663,89-663 |
| Citation | 451 N.W.2d 922,234 Neb. 567 |
| Parties | STATE of Nebraska, Appellee, v. Carol HUNTER, also known as Carol Ridgeway, Appellant. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. Courts: Judgments: Notice: Appeal and Error. To perfect an appeal from the county court to the district court, the appealing party must, within 30 days after rendition of the judgment or making of the final order complained of, (1) file a notice of appeal with the county court and (2) deposit with the county court clerk a docket fee in the amount of the filing fee in the district court.
2. Affidavits: Appeal and Error. As an alternative to depositing a docket fee, a person who is unable to pay the required fee may file an affidavit of poverty and proceed with an appeal in forma pauperis.
3. Affidavits. To be effective, a poverty affidavit must show on its face, by the certificate of an authorized officer before whom it is taken, evidence that it was duly sworn to by the party making the affidavit.
Thomas M. Kenney, Douglas County Public Defender, and Brian S. Munnelly, for appellant.
Herbert M. Fitle, Omaha City Atty., and Gary P. Bucchino, Omaha City Prosecutor, and J. Michael Tesar, Omaha, for appellee.
Claiming the Douglas County Court failed to sequester the prosecution's witnesses, as mandated by Neb.Rev.Stat. § 27-615 (Reissue 1989), Carol Hunter appeals her convictions for violation of two municipal dog ordinances in Omaha.
The defendant's appeal to this court was preceded by an appeal to the district court for Douglas County, where Hunter's convictions were affirmed.
Because the defendant failed to perfect her appeal from the county court in accordance with Nebraska statutes, the district court acquired no jurisdiction to hear the case. Since the district court lacked jurisdiction, this court also lacks jurisdiction to rule on the merits of Hunter's appeal. We dismiss the defendant's appeal and remand the cause to the district court with instructions.
To perfect an appeal from the county court to the district court, the appealing party must, within 30 days after rendition of the judgment or making of the final order complained of, (1) file a notice of appeal with the county court and (2) deposit with the county court clerk a docket fee in the amount of the filing fee in the district court. Neb.Rev.Stat. § 25-2729 (Reissue 1989). Fulfillment of these requirements vests appellate jurisdiction in the district court from the county court. Rorick Partnership v. Haug, 228 Neb. 364, 422 N.W.2d 365 (1988).
As an alternative to depositing a docket fee, a person who is unable to pay the required fee may file an affidavit of poverty and proceed with an appeal in forma pauperis. Neb.Rev.Stat. § 25-2301 (Reissue 1989) authorizes the commencement of an appeal without prepayment for fees and costs "by a person who makes an affidavit that he or she is unable to pay such costs or give security." See, also, In re Interest of N.L.B., 234 Neb. 280, 450 N.W.2d 676 (1990).
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State v. Dallmann, S-99-1411.
...to properly sign the poverty affidavit under oath. In re Interest of T.W. et al., 234 Neb. 966, 453 N.W.2d 436 (1990); State v. Hunter, 234 Neb. 567, 451 N.W.2d 922 (1990); In re Interest of K.D.B., 233 Neb. 371, 445 N.W.2d 620 In In re Interest of Noelle F. & Sarah F., 249 Neb. 628, 544 N.......
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Creighton St. Joseph Regional Hosp. v. TERC
...1995). We affirmed that the language of this statute explicitly established the filing fee as jurisdictional in State v. Hunter, 234 Neb. 567, 451 N.W.2d 922 (1990). See, also, Rorick Partnership v. Haug, 228 Neb. 364, 422 N.W.2d 365 With respect to appeals from a district court ruling, the......
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State Of Neb. v. Ruffin
...cases. 260 Neb. at 946, 621 N.W.2d at 96. See, In re Interest of T.W. et al., 234 Neb. 966, 453 N.W.2d 436 (1990); State v. Hunter, 234 Neb. 567, 451 N.W.2d 922 (1990); In re Interest of K.D.B., 233 Neb. 371, 445 N.W.2d 620 (1989). With this recognition in mind, and in view of the statutory......
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State v. Haase
...(criminal defendant filing poverty affidavit within 30 days after decision not required to pay docket fee). See, also, State v. Hunter, 234 Neb. 567, 451 N.W.2d 922 (1990) (under another statute, poverty affidavit served in lieu of docket fee in appeal from county court to district court). ......