STEPHAN, J.
In these consolidated actions, appellants alleged that the Omaha Public School District (OPS) negligently failed to protect two of its students from harm. They appeal from orders of the district court entering summary judgment in favor of OPS in each case. We conclude that because the notices of appeal were untimely filed, we lack jurisdiction to reach the substantive issues presented.
Separate complaints were filed in the district court for Douglas County by Felicia Wright (Wright), individually and as special administrator of the estate of Chasity Wright (Chasity), deceased, and by Portia Denay Loyd (Portia), a minor, by and through her mother and next friend, Deidra Loyd (Loyd). The defendants in each action were OPS and Simmonds Restaurant Management, Inc., doing business as Burger King (Simmonds). The cases arose from an incident which occurred on June 25, 2004. On that day, Chasity and Portia were attending summer school at Omaha South High School. During their lunch break, they left the school building and went to a nearby restaurant operated by Simmonds. In the parking lot of the restaurant, Chasity and Portia were assaulted by four or five females, at least two of whom had also attended classes at Omaha South High School that day. Chasity died from an asthma attack precipitated by the assault, and Portia sustained injuries.
In their complaints, appellants alleged that OPS was negligent in failing to protect Chasity and Portia from harm and that Simmonds was negligent in failing to take measures to prevent the assaults on its premises. OPS and Simmonds filed answers denying that they were negligent. Simmonds also filed a third-party complaint against one of the alleged perpetrators of the assault.
On March 31, 2009, the district court entered summary judgment in favor of OPS in each case, reasoning that "OPS did not owe a duty to supervise and protect
On March 12, 2010, the Court of Appeals summarily dismissed both appeals for lack of jurisdiction because there had been no adjudication of the third-party complaint and there had been no express determination pursuant to Neb.Rev.Stat. § 25-1315 (Reissue 2008). In both appeals, appellants filed motions for rehearing which included, as attached exhibits, orders entered by the district court on March 19 dismissing the third-party complaints. Those orders were subsequently included in supplemental transcripts filed in each appeal.
On April 27, 2010, the Court of Appeals entered in each appeal a minute order which stated:
On the same date, the Court of Appeals consolidated the two appeals for purposes of briefing, oral argument, and disposition. We subsequently moved the consolidated appeals to our docket on our own motion, based on our statutory authority to regulate the caseloads of the appellate courts of this state.
Appellants assign, restated, that the district court erred in (1) sustaining a motion in limine filed by OPS, (2) finding that OPS had no duty as a matter of law to supervise and protect Chasity and Portia, (3) finding that the assault was not foreseeable as a matter of law, and (4) granting OPS' motion for summary judgment.
Before reaching the legal issues presented for review, it is the duty of an appellate court to settle jurisdictional issues presented by a case.
An appellate court acquires no jurisdiction unless the appellant has satisfied the statutory requirements for appellate jurisdiction.
In cases involving multiple claims or parties, we have interpreted this statute to require
In these cases, the district court did not make a determination pursuant to § 25-1315 when it entered summary judgment for OPS in each case, and it specifically stated that its orders overruling the motions to reconsider entry of summary judgment were not final orders as defined by § 25-1315. Nor did the district court make determinations pursuant to § 25-1315 when it ordered the dismissal of Simmonds on January 4, 2010. Thus, when the notices of appeal were filed on January 13 and January 20, the cases stood in the same procedural posture as in Malolepszy v. State,
Finality was achieved in these cases on March 19, 2010, when the district court entered orders dismissing the third party complaints. Neb.Rev.Stat. § 25-1912(1) (Reissue 2008) provides that in order to obtain appellate reversal of a judgment or final order entered by a district court, a party must file a notice of appeal "within thirty days after the entry of such judgment, decree, or final order." In these cases, there were no notices of appeal filed after the entry of the final orders on March 19. Appellants rely upon the notices of appeal which they filed before entry of that order to establish appellate jurisdiction.
The Nebraska Court of Appeals addressed a similar sequence of events in
In rejecting this argument, the Court of Appeals held that § 25-1912(2) applied only to the specific circumstance of a notice of appeal filed after the announcement of a decision or final order, but before entry of judgment, and was "not intended to validate anticipatory notices of appeal filed prior to the announcement of a final judgment."
Appellants attempt to distinguish their cases from Ferer by arguing that the Court of Appeals reinstated these appeals in response to their motions for rehearing. They rely upon State v. Craig,
Nor are we persuaded by appellants' argument that any jurisdictional defect was in some way resolved by the Court of Appeals' reinstatement of these appeals in response to the motions for rehearing. We note that the reinstatement orders were entered on April 27, 2010, more than 30 days following the final orders entered by the district court on March 19, so there is no basis for any argument that appellants were somehow led to believe that they were not required to file timely notices of appeal after the final orders of the district court. To the contrary, the orders reinstating these appeals specifically reserved the jurisdictional issue "pending final submission of appeal" and directed the parties to address the jurisdictional issue in their briefs.
Finally, appellants cite cases from other jurisdictions in support of their argument that reinstatement of an appeal following dismissal necessarily cures a jurisdictional defect. We need not discuss those cases, because the question of appellate jurisdiction in the cases before us is necessarily dependent upon the provisions of Nebraska statutes as interpreted and applied by the appellate courts of this state. We conclude that the reasoning of
When an appellate court is without jurisdiction to act, the appeal must be dismissed.
APPEALS DISMISSED.