In all cases involving a money judgment, if any person appealing from a judgment rendered in his or her favor shall not recover a greater sum than the amount for which judgment was rendered, besides costs and the interest accruing thereon, such appellant shall pay the costs of such appeal.
§ 25-2737.Appeal; appellant; pay costs; when.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 1995 · Last verified July 22, 2026
In one sentenceIn a money-judgment case, an appellant who already won in county court and appeals for more, but ends up recovering no more than the original judgment, has to pay the costs of that appeal.
Full Text of § 25-2737
Source
Laws 1981, LB 42, § 10; R.S.1943, (1985), § 24-541.10; Laws 1995, LB 538, § 6.
Plain-English Summary
Sometimes the party who won in county court is not satisfied — the judgment came out in their favor, but for less money than they wanted, so they appeal hoping for a bigger award. This section addresses what happens when that gamble does not pay off. If the appellant does not recover a greater sum on appeal than the amount already awarded in county court, beyond costs and interest, the appellant pays the costs of the appeal.
The effect is to put some risk on the party bringing an appeal that seeks only to improve on a judgment already in its favor. If the appeal does not produce a larger recovery, the appellant bears the price of having tried.
Frequently Asked Questions
Who can be required to pay costs under this section?
An appellant in a money-judgment case who already had a judgment in his or her favor in county court and appealed seeking more.
What triggers the appellant’s duty to pay the appeal costs?
Recovering no more on appeal than the amount for which the county court judgment was already rendered, aside from costs and interest.
Does this section apply if the appellant loses the appeal outright?
It addresses the situation where the appellant does not recover a greater sum than the original judgment; that covers both an unsuccessful appeal and one that produces no real improvement.
Why would someone appeal a judgment that was already in their favor?
Because they believe they were entitled to more money than the county court awarded, even though they won the underlying case.
Does this section cover appeals in cases that are not about money?
It is written for cases involving a money judgment; it addresses what happens to costs when the appellant sought a bigger recovery and did not get one.
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: appellant pays costs nebraska appealappealing to increase a money judgmentcost shifting county court appeal nebraskapenalty for appealing and not winning more