D & M Roofing & Siding v. Distribution, Inc.

In the case of D&M Roofing & Siding v. Distribution, Inc., the Nebraska Supreme Court considered a procedural question on final judgments and appeals. D&M Roofing & Siding, the appellant, entered into a contract with Distribution, Inc., the appellee, to repair hail damage to the roof of a warehouse owned by Distribution. These repairs were subject to an insurance claim in which Distribution would pay D&M the approved claim amount. D&M alleged Distribution breached their agreement by canceling the contract and hiring a different company to repair the hail damage. This breach of contract led both parties to file a motion for summary judgment.

When a trial court grants summary judgment in Nebraska, the case is considered complete and adjudicated. The trial court awards rights and relief to the party whose motion for summary judgment is granted.

The trial court overruled D&M's motion for summary judgment and granted Distribution's motion for summary judgment in part. The court held that D&M was limited only to breach-of-contract damages stipulated in the contract. Although summary judgment was partially granted, the court's order did not express the parties' rights nor release any relief to the damaged party in a single document.

The Nebraska Supreme Court was presented with the issue of what constitutes a final judgment. Nebraska law requires that for there to be appellate jurisdiction, there must be a judgment rendered, a decree issued, or a final order from the trial court.

The Supreme Court explained a final judgment is proper when "the rights of the parties are concluded so that further proceedings cannot affect them." In other words, nothing must be left for the trial court to act on. On the other hand, the Supreme Court explained there is no final judgment when there is something of "judicial nature" the trial court must still act on.

Although the trial court denied D&M's motion and partially granted Distribution's motion, the trial court did not grant nor deny relief to D&M's breach of contract claim. To do this, as the Supreme Court explains, the trial court must sign a "single written document" containing the rights of the parties and the relief granted in the action. Until the written document is signed, the trial court still has a task of "judicial nature" which prevents a party from asserting its right to appeal.

Because the trial court did not sign a single written document containing relief and rights of the parties, there was no final judgment. Therefore, because there had yet to be a final judgment, D&M lacked the ability to appeal under Nebraska law. So, the Supreme Court did not have jurisdiction to hear D&M's other contractual claims. D&M Roofing & Siding v. Distribution, Inc. clarifies the requirements for appellate jurisdiction within Nebraska and prevents litigants from appealing a case before the trial court is finished ruling.