Article 19: Appeals and Proceedings in Error · Last amended 2019 · Last verified July 22, 2026
In one sentenceThis section defines which orders count as “final” for purposes of reversal, vacation, or modification — four categories of qualifying orders — and adds a special thirty-day appeal window for an order denying summary judgment based on sovereign or official immunity.
Full Text of § 25-1902
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(1) The following are final orders which may be vacated, modified, or reversed:
(a) An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment;
(b) An order affecting a substantial right made during a special proceeding;
(c) An order affecting a substantial right made on summary application in an action after a judgment is entered; and
(d) An order denying a motion for summary judgment when such motion is based on the assertion of sovereign immunity or the immunity of a government official.
(2) An order under subdivision (1)(d) of this section may be appealed pursuant to section 25-1912 within thirty days after the entry of such order or within thirty days after the entry of judgment.
Not every ruling a court makes can be challenged right away. Section 25-1902 defines the “final orders” that may be vacated, modified, or reversed, sorting them into four categories: an order affecting a substantial right in an action that in effect determines the action and prevents a judgment; an order affecting a substantial right made during a special proceeding; an order affecting a substantial right made on summary application in an action after judgment has already been entered; and an order denying a motion for summary judgment when that motion rested on sovereign immunity or the immunity of a government official.
That last category gets its own timing rule. An order denying summary judgment on immunity grounds may be appealed under section 25-1912 within thirty days after the order is entered, or within thirty days after entry of the final judgment in the case, whichever route the appealing party chooses to use. That gives a government defendant a way to seek immediate appellate review of an immunity ruling instead of waiting for the entire case to conclude.
Frequently Asked Questions
What makes an order “final” under this section?
It falls into one of four categories: an order that in effect determines the action and prevents judgment, an order affecting a substantial right made in a special proceeding, an order affecting a substantial right made on summary application after judgment, or an order denying summary judgment based on immunity.
What does “affecting a substantial right” mean here?
It describes an order with real consequences for a party’s rights in the case, as opposed to a routine procedural ruling that leaves the underlying dispute unaffected.
Can I appeal every ruling that goes against me while the case is pending?
No. Most interim rulings are not final orders under this section and cannot be separately reversed, vacated, or modified until the case reaches a qualifying stage.
What is special about a denial of summary judgment on immunity grounds?
Section 25-1902 treats it as a final order in its own right, letting the losing party appeal it under section 25-1912 without waiting for the rest of the case to finish.
How much time do I have to appeal an immunity-based denial of summary judgment?
Thirty days after entry of that order, or thirty days after entry of the final judgment in the action, whichever the appellant relies on.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:final order definition nebraskasubstantial right appeal nebraskasovereign immunity summary judgment appealinterlocutory appeal immunity nebraska