25-1301 Judgment, rendition of judgment, entry of judgment, decree, or final order, defined; records. - Nebraska Statutes

25-1301. Judgment, rendition of judgment, entry of judgment, decree, or final order, defined; records.(1) A judgment is the final determination of the rights of the parties in an action.(2) Rendition of a judgment is the act of the court, or a judge thereof, in making and signing a written notation of the relief granted or denied in an action.(3) The entry of a judgment, decree, or final order occurs when the clerk of the court places the file stamp and date upon the judgment, decree, or final order. For purposes of determining the time for appeal, the date stamped on the judgment, decree, or final order shall be the date of entry.(4) The clerk shall prepare and maintain the records of judgments, decrees, and final orders that are required by statute and rule of the Supreme Court. SourceR.S.1867, Code § 428, p. 465; R.S.1913, § 7994; C.S.1922, § 8935; C.S.1929, § 20-1301; R.S.1943, § 25-1301; Laws 1961, c. 111, § 1, p. 350; Laws 1999, LB 43, § 3. Cross ReferencesFor rate of interest on judgment, see section 45-103. Annotations1. Judgment2. Miscellaneous1. JudgmentFor a final judgment to exist, there must be an order that is both signed by the court and file stamped and dated by the clerk of the court. Kilgore v. Nebraska Dept. of Health & Human Servs., 277 Neb. 456, 763 N.W.2d 77 (2009).This section sets forth two ministerial requirements for a final judgment: the rendition of the judgment and the entry thereof. Kilgore v. Nebraska Dept. of Health & Human Servs., 277 Neb. 456, 763 N.W.2d 77 (2009).The void conditional judgment rule does not extend to actions in equity or to equitable relief granted within an action at law. Rather, where it is necessary and equitable to do so, a court of equitable jurisdiction may enter a conditional judgment and such judgment will not be deemed void simply by virtue of its conditional nature. Strunk v. Chromy-Strunk, 270 Neb. 917, 708 N.W.2d 821 (2006).Orders which specify that a trial court will exercise its jurisdiction based upon future action or inaction by a party are conditional and therefore not appealable. State ex rel. Stenberg v. Moore, 258 Neb. 199, 602 N.W.2d 465 (1999).Under this section, there are two occurrences, either of which constitutes a final order, which may begin the 30-day period in which a notice of appeal must be filed: (1) The rendition of a judgment, which occurs when an oral pronouncement of the judgment is made in open court and a notation of the judgment is made on the trial docket, or (2) the entry of a judgment, which is the act of the clerk of the court spreading on the court's journal both the proceedings had and the relief granted or denied. Dvorak v. Bunge Corp., 256 Neb. 341, 590 N.W.2d 682 (1999).A rendition of judgment occurs when the court makes an oral pronouncement with a notation on the trial docket or, in the alternative, when some written notation of the judgment is filed in the records of the court. Reutzel v. Reutzel, 252 Neb. 354, 562 N.W.2d 351 (1997).Rendition of a judgment includes the announcement by the court of the judgment. When written record of judgment and the verbatim record of the proceedings in open court are in conflict, the latter prevails. State v. Temple, 230 Neb. 624, 432 N.W.2d 818 (1988).Although the clerk of the district court is authorized to spread upon the court journal the proceedings had and relief granted by the court, and to that extent is responsible for entry of the judgment, such clerk has no authority to perform the judicial function of rendering a judgment. Building Systems, Inc. v. Medical Center, Ltd., 228 Neb. 168, 421 N.W.2d 773 (1988).District court order which was conditional in nature was not final and therefore not appealable. Federal Land Bank of Omaha v. Johnson, 226 Neb. 877, 415 N.W.2d 478 (1987).A trial court's order which provided that if a case had not been "tried or otherwise disposed of" by a certain date and which required a showing of good cause if such deadline was not met, was a conditional order, and as such, not a judgment as defined in this provision. Lemburg v. Adams County, 225 Neb. 289, 404 N.W.2d 429 (1987).The rendition of a judgment and the entry of a judgment are actions taken with respect to the judgment itself. State v. Carney, 220 Neb. 906, 374 N.W.2d 59 (1985).An "order" entered on the trial docket does not constitute a rendition of judgment. State ex rel. Kaipus v. Board of Trustees of S. & I. Dist. No. 113, 200 Neb. 525, 264 N.W.2d 422 (1978).Order of dismissal of party not final where motion for new trial filed and not ruled on. First Nat. Bank of Omaha v. First Cadco Corp., 189 Neb. 553, 203 N.W.2d 770 (1973).Amendments made to Installment Loan Act reducing penalty did not apply to actions in which a final judgment had been obtained. Kometscher v. Wade, 177 Neb. 299, 128 N.W.2d 781 (1964).A judgment is the final determination of the rights of the parties in an action. Rumbel v. Ress, 166 Neb. 839, 91 N.W.2d 36 (1958).Decree to wife of divorce and monthly sum during minority of children is final judgment and lien upon husband's real estate. Wharton v. Jackson, 107 Neb. 288, 185 N.W. 428 (1921).Order of justice on garnishee is a judgment. Johnson v. Samuelson, 82 Neb. 201, 117 N.W. 470 (1908).Entry, that defendant is required to pay plaintiff determined amount, is a judgment. McNamara & Duncan v. Cabon, 21 Neb. 589, 33 N.W. 259 (1887).Duly certified copy is transcript of judgment. Hastings School Dist. v. Caldwell, Hamilton & Co., 16 Neb. 68, 19 N.W. 634 (1884).Judgment against city is binding on taxpayers. Shanahan v. City of So. Omaha, 2 Neb. Unof. 466, 89 N.W. 285 (1902).The two ministerial requirements for a final judgment are (1) a rendition of the judgment, defined as the act of the court or a judge thereof in making and signing a written notation of the relief granted or denied in an action, and (2) an "entry" of a final order, occurring when the clerk of the court places the file stamp and date upon the judgment. State v. Brown, 12 Neb. App. 940, 687 N.W.2d 203 (2004).Pursuant to this section, a judgment is entered by the clerk of the court by placing the file stamp and date upon a rendered judgment. State v. Wahrman, 11 Neb. App. 101, 644 N.W.2d 572 (2002).A trial docket note entered by the court was not a judgment. Lee Sapp Leasing v. Ciao Caffe & Espresso, Inc., 10 Neb. App. 948, 640 N.W.2d 677 (2002).Any action purporting to be a judgment, decree, or final order must be rendered and entered to be valid, as provided by this section. Murray Constr. Servs. v. Meco‑Henne Contracting, 10 Neb. App. 316, 633 N.W.2d 915 (2001).Pursuant to this section and section 25-2729, a judgment is entered when the clerk of the court places a file stamp and date upon it. State v. Wilcox, 9 Neb. App. 933, 623 N.W.2d 329 (2001).Pursuant to subsection (2) of this section, a final, appealable judgment was never rendered when there was a final sentencing order, but the only indication the defendant had been found guilty was a letter, signed by the court stenographer for the judge, stating, "Defendant is found guilty on Counts 1, 2 and 3", and the letter, although included in the transcript, did not contain a county court file stamp. State v. Engleman, 5 Neb. App. 485, 560 N.W.2d 851 (1997).Entry in trial docket indicating "motion for postconviction relief overruled" was rendering of judgment, and subsequent file-stamped memorandum order was merely confirmation of docket entry. State v. McPherson, 1 Neb. App. 1022, 510 N.W.2d 487 (1993).2. MiscellaneousA journal entry that contemplates the preparation of a decree for opposing counsel's review and for signature by the court is not a final determination of the rights of the parties under this section. Hosack v. Hosack, 267 Neb. 934, 678 N.W.2d 746 (2004).A motion for a new trial filed prior to the rendition of a judgment is premature and constitutes a nullity. Spanheimer Roofing & Supply Co. v. Thompson, 198 Neb. 710, 255 N.W.2d 265 (1977).Application for new trial may be made within ten days after judgment is pronounced and noted on trial docket. Valentine Production Credit Assn. v. Spencer Foods, Inc., 196 Neb. 119, 241 N.W.2d 541 (1976).No judgment is rendered until pronouncement thereof is noted on the trial docket. Fritch v. Fritch, 191 Neb. 29, 213 N.W.2d 445 (1973).Unless the context is shown to intend otherwise, action includes any proceeding in a court and only final orders therein are bases for appeals. Grantham v. General Telephone Co., 187 Neb. 647, 193 N.W.2d 449 (1972).This section does not apply to eminent domain proceedings until they reach the district court. Weiner v. State, 179 Neb. 297, 137 N.W.2d 852 (1965).Notice of rendition of judgment was not required as to judgments rendered before amendment of statute. Bebee v. Kriewald, 173 Neb. 179, 112 N.W.2d 764 (1962).A judgment for alimony in gross survived the death of the judgment debtor. Spencer v. Spencer, 165 Neb. 675, 87 N.W.2d 212 (1957).Finding of fact in replevin is not a judgment. Brounty v. Daniels, 23 Neb. 162, 36 N.W. 463 (1888).Determination of rights of parties not before court is not judgment. State ex rel. Chandler v. Dodge County, 10 Neb. 20, 4 N.W. 370 (1880).