Rafert v. Meyer

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An insured obtained life insurance policies and named her trust as the owner. Her insurance agent stole the renewal premiums. The policies lapsed. The insured and the trust’s beneficiaries sued the trustee; the trustee brought a third-party claim against the agent. The court bifurcated the trial. Pursuant to a jury verdict on the first stage, the court entered an order against the trustee. Before trial on the third-party claim, the court certified its order as final. The Nebraska Supreme Court dismissed an appeal for lack of jurisdiction, holding that the certification under Neb. Rev. Stat. 25-1902 was an abuse of discretion. The court expressed concern with the propriety of the court’s determination that there was no just reason for delay. The intent behind the statute was to prevent interlocutory appeals, not to make them easier. The court should ordinarily make specific findings setting forth the reasons for its order. Here, the court’s order merely used the language of the statute and did not explain why certification was appropriate. The court noted the interrelationship of the claims and that a delay of three-four months before the third-party complaint would be ready for trial would not likely cause an unusual hardship. View "Rafert v. Meyer" on Justia Law