Stacy, J.
The Nebraska Court of Appeals dismissed this appeal, finding it was not timely filed. On further review, we apply the savings clause of Neb. Rev. Stat. § 25-1144.01 (Reissue 2016) and conclude the notice of appeal was timely filed. We there-fore reinstate the appeal and remand the matter to the Court of Appeals for further proceedings.
Lindsay International Sales & Service, LLC (Lindsay), sued Jerome Pribil and Michael J. Wegener to collect amounts due on a guaranty. The case was tried to a jury, and on July 21, 2016, the jury returned a verdict in favor of Lindsay for $1,019,795.38. The court accepted the jury's verdict on the record and discharged the jurors. The verdict forms were filed with the clerk the same day, but judgment on the verdict was not entered until 5 days later.
Four days after the jury returned its verdict, Lindsay filed a motion for costs. On the same day, Pribil and Wegener filed a motion for new trial. Both motions were efiled on July 25, 2016; the time stamp on the motion for costs shows it was accepted for filing approximately 2 hours before the motion for new trial.
The next day, on July 26, 2016, the court entered judgment on the jury's verdict. The judgment specifically noted, "The assessment of court costs, which is the subject of a separate motion filed by [Lindsay] and scheduled for hearing to be conducted on August 5, 2016, will be addressed by separate order of the Court." The judgment did not mention the motion for new trial, but in a separate order, the court set a hearing date of September 12 for the motion for new trial.
On August 8, 2016, the court entered an order awarding Lindsay costs of $3,457.20. On October 14, the court entered an order overruling the motion for new trial. On November 9, Pribil and Wegener filed a notice of appeal. For easy reference, the following timeline summarizes the critical dates:
• July 21: Jury returns verdict; court accepts verdict.
• July 25: Lindsay files a motion for costs.
• July 25: Pribil and Wegener file a motion for new trial.
• July 26: Court enters judgment on the jury verdict.
• August 8: Court grants Lindsay's motion for costs.
• October 14: Court overrules motion for new trial.
• November 9: Pribil and Wegener file notice of appeal.
After ordering the parties to show cause, the Court of Appeals dismissed the appeal without opinion, finding it lacked appellate jurisdiction. The court reasoned:
Pribil and Wegener filed a timely motion for rehearing, arguing the motion for new trial was effective, and not a nullity, under the plain language of § 25-1144.01. That statute provides, in relevant part, that "[a] motion for a new trial filed after the announcement of a verdict or decision but before the entry of judgment shall be treated as filed after the entry of judgment and on the day thereof." A divided panel of the Court of Appeals denied rehearing, reasoning that the motion for new trial had been filed "prior to the district court's ruling on costs, i.e., before the announcement of a final judgment," so the motion was a nullity. We granted Pribil and Wegener's petition for further review.
On further review, Pribil and Wegener assign, restated and consolidated, that the Court of Appeals erred in (1) dismissing their appeal as untimely, (2) concluding their motion for new trial was a nullity, and (3) misapplying the second sentence, or savings clause, of § 25-1144.01.
A jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law.
Statutory interpretation is a question of law.
An appellate court reviews questions of law independently of the lower court's conclusion.
In order to vest an appellate court with jurisdiction, a party must file a notice of appeal within 30 days of the judgment, decree, or final order from which the party is appealing.
The second sentence of § 25-1144.01 has been referred to as a "savings clause"
In Macke v. Pierce,
In 2004, presumably in response to our decision in Macke, the Legislature added the second sentence, or savings clause, to § 25-1144.01. We addressed the effect of this statutory change in Despain v. Despain.
We rejected this argument in light of the new savings clause language in § 25-1144.01. We noted that "under the 2004 amendment, a motion for new trial filed after the announcement of the decision but before the entry of the judgment is no longer a nullity."
Pribil and Wegener contend that the savings clause of § 25-1144.01 rendered their motion for new trial effective and timely. They argue their motion was "filed after the announcement of a verdict or decision but before the entry of judgment" and thus must be "treated as filed after the entry of judgment and on the day thereof."
The motion for new trial was filed after the court announced the jury's verdict, but before the entry of judgment. As such, the plain language of § 25-1144.01 requires that the motion be treated as filed "after the entry of judgment and on the day thereof," making it a timely and effective terminating motion.
The Court of Appeals' reasoning in its order denying the motion for rehearing suggests it was concerned by the fact that Lindsay filed a motion for costs just before the motion for new trial was filed. Relying on its decision in J & H Swine v. Hartington Concrete,
J & H Swine was based on this court's opinion in In re Guardianship & Conservatorship of Woltemath,
The savings clause in § 25-1912(2) is similar to the savings clause in § 25-1144.01, with one important distinction: § 25-1912(2) expressly references "final" orders:
(Emphasis supplied.)
In re Guardianship & Conservatorship of Woltemath focused on the plain language of § 25-1912(2) and held that an "`announcement of a decision or final order'" under § 25-1912(2) must be of "a decision or final order that would have been appealable if followed immediately by the entry of judgment."
The plain and unambiguous language of § 25-1144.01, unlike § 25-1912(2), contains no requirement that the "announcement" be of a final "verdict or decision."
Here, Pribil and Wegener filed their motion for new trial after the jury's verdict was announced on the record. From their perspective, the substantive decision on those proceedings had been made, so they filed their motion for new trial even though the court had not yet entered judgment on that verdict. This appears to be precisely the circumstance the Legislature intended to address by adding the savings clause to § 25-1144.01 in 2004. The filing of a motion for costs after the announcement of the verdict but before the motion for new trial was filed does not change the analysis under § 25-1144.01.
The plain language of the savings clause in § 25-1144.01 does not contain a finality requirement. Section 25-1144.01 merely requires an "announcement of a verdict or decision." Here, the motion for new trial was filed after the announcement of the jury's verdict and before the entry of judgment. As such, it fell within the savings clause under § 25-1144.01, and must be treated as having been filed immediately after the judgment was entered on the jury's verdict. The motion for new trial was an effective filing and was not a nullity.
Because a proper and timely motion for new trial terminates the running of time for filing a notice of appeal,
For the foregoing reasons, we reinstate the appeal and remand the cause to the Court of Appeals for further proceedings.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.
Miller-Lerman, J., not participating.