Child Support Enforcement - Sarpy County Nebraska

Judgments
(see also Jurisdiction)
25-1902 Final order, defined.
An order affecting a substantial right in an action, when such order in effect determines the
action and prevents a judgment, and an order affecting a substantial right made in a special
proceeding, or upon a summary application in an action after judgment, is a final order which
may be vacated, modified or reversed, as provided in this chapter.
Source: R.S.1867, Code § 581, p. 496; R.S.1913, § 8176; C.S.1922, § 9128; C.S.1929, § 20-1902.
In re Guardianship & Conservatorship of Bowman, 12 Neb. App. 891, 686 N.W.2d 642
(2004)
Trial courts are without authority to reopen their files and enter orders “interpreting”
or “clarifying” prior orders after the time for a proper appeal has passed.
―neither what the parties thought the judge meant nor what the judge thought he or
she meant, after time for appeal has passed, is of any relevance‖ and that ―[w]hat
the decree, as it became final, means as a matter of law as determined from the four
corners of the decree is what is relevant.‖ Citing Neujahr v. Neujahr, 223 Neb. 722,
728, 393 N.W.2d 47, 51 (1986). See also Bhuller v. Bhuller, 17 Neb. App. 607, 767
N.W.2d 813 (2009), Pearson v. Archer-Daniels-Midland Milling Co., 282 Neb.
400, ___ N.W.2d ___ (2011)
Neujahr v. Neujahr, 223 Neb. 722, 393 N.W.2d 47 (1986)
Trial courts cannot later be asked to reinterpret or clarify their orders, even if both sides want
them to.
Litigation must be put to an end, and it is the function of a final judgment to do just
that. A judgment is the final consideration and determination of a court on matters
submitted to it in an action or proceeding. [Citation omitted.] If a judgment can mean
one thing one day and something else on another day, there would be no reason to
suppose that the litigation had been set at rest. The same must be said if the
judgment can mean one thing to one judge and something else to another judge. All
are bound by the original language used, and all ought to interpret the language the
same way. No court should express an opinion of what the judgment means until the
judgment is called into question by some factual situation relating thereto. The judge
who tried the case and who ought to know what he meant to say, after the time for
appeal, etc., has passed cannot any more change or cancel one word of the
judgment than can any other judge. (citing Crofts v. Crofts, 21 Utah 2d 332, 335, 445
P.2d 701, 702-03 (1968))
Neither what the parties thought the judge meant nor what the judge thought he or
she meant, after time for appeal has passed, is of any relevance. What the decree,
as it became final, means as a matter of law as determined from the four corners of
the decree is what is relevant.
§ 24-517 County Court: Jurisdiction
Jurisdiction
(See also the Civil Procedure and Related section)
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