Mutual of Omaha Bank v. Watson
Mutual of Omaha Bank v. Watson
Opinion
**834
Robert W. Watson appeals from an order of the district court denying his request for a stay of an order of sale in a judicial foreclosure action. Watson claims he was entitled to such a stay under
BACKGROUND
This is not the first time this matter has come before this court. After the district
*286
court determined that Watson and his former spouse owed Mutual of Omaha Bank (Mutual) $533,459.36, ordered an execution sale, and foreclosed Watson and his former spouse from asserting any interest in the relevant property, Watson perfected a timely appeal. We affirmed. See
Mutual of Omaha Bank v. Watson,
After our opinion was issued, Mutual applied to the district court for and received a supplemental decree. In the supplemental decree, the court stated that Mutual paid sums connected to the mortgaged property that were not included in the initial decree and ordered that those amounts be added to the amount due Mutual. Watson requested a stay of the order of sale. The district court issued an order denying Watson's request for a stay. Watson appeals from this order.
ASSIGNMENT OF ERROR
Watson assigns one error on appeal: The district court erred by denying his request for a stay of the order of sale.
STANDARD OF REVIEW
A jurisdictional issue that does not involve a factual dispute presents a question of law, which an appellate court
**835
independently decides.
In re Interest of Tyrone K.,
ANALYSIS
Mutual contends that this appeal should be dismissed for lack of appellate jurisdiction. For reasons set forth below, we agree.
Under
**836 Watson contends that he had a substantial right to a stay under § 25-1506 and that the district court's order denying his request for a stay affected that right. The relevant portion of § 25-1506 provides as follows: "The order of sale on all decrees for the sale of mortgaged premises shall be stayed ... after the entry of such decree, whenever the defendant shall, within twenty days after the entry of such *287 decree, file with the clerk of the court a written request for the same."
A decree was issued in the foreclosure action in September 2016. Watson did not seek a stay within 20 days after the entry of that decree. He instead filed his first appeal. Watson acknowledges that he would ordinarily not be entitled to a stay at this point given his failure to ask for a stay within 20 days of the decree. He contends that he is nonetheless entitled to a stay in this case, because the district court entered a supplemental decree after his appeal was decided and he requested a stay within 20 days of its entry.
Watson's argument, however, is inconsistent with our precedent. In
Prudential Ins. Co. v. Nethaway,
Watson contends that Nethaway merely stands for the proposition that once a party has requested and obtained one stay, they may not obtain a second stay following the entry of a supplemental decree. We do not believe this is a correct reading of Nethaway. Our rationale for holding that the defendant **837 in Nethaway was not entitled to a stay had nothing to do with the fact that the defendant had already received one stay. Rather, our decision rested on the nature of the supplemental decree, specifically that it was not a new decree but a modification of the existing one. For that reason, we understand Nethaway to hold that the issuance of a supplemental decree that merely increases the amount due from a defendant does not give rise to a right to seek a statutory stay.
A substantial right is an essential legal right.
Shawn E. on behalf of Grace E. v. Diane S.,
CONCLUSION
The district court's order denying Watson's request for a stay was not an appealable order. Lacking appellate jurisdiction, we are obligated to dismiss the appeal.
APPEAL DISMISSED .
Reference
- Full Case Name
- MUTUAL OF OMAHA BANK, Appellee, v. Robert W. WATSON, Appellant, and Shona Rae Watson, Appellee, Formerly Husband and Wife, and Community Bank of Lincoln, Trustee and Beneficiary, Et Al., Appellees.
- Cited By
- 76 cases
- Status
- Published