§ 25-2728.Appeals; parties; applicability of sections.

Section 25-2728 opens the county court appeal process by stating who may use it. Any party in a civil case, and any defendant in a criminal case, may appeal from the final judgment or final order of the county court to the district court of the county where the county court sits. In a criminal case, a prosecuting attorney has a different route: review by exception proceedings under sections 29-2317 to 29-2319, rather than an appeal under this section.

The section then narrows its own reach, and the reach of the appeal procedure sections that follow it, sections 25-2728 to 25-2738. That group of sections does not apply to eminent domain appeals, which follow sections 76-715 to 76-723; to appeals from the county court sitting as a juvenile court, governed by sections 43-2,106 and 43-2,106.01; to appeals under the Nebraska Probate Code, addressed in section 30-1601; to matters under the Nebraska Uniform Trust Code; to appeals under the Health Care Surrogacy Act, also addressed in section 30-1601; to adoption appeals under section 43-112; to inheritance tax appeals under section 77-2023; or to domestic relations appeals under section 25-2739.

The result is a general appeal track for ordinary civil and criminal matters in county court, sitting alongside a series of specialized appeal procedures for the case types this section carves out. Anyone appealing from county court should check this list first, since landing in one of the excluded categories means a different set of rules, and often a different section of the statutes altogether, controls.