June 2018 | 300 Neb. 289 (Neb. 2018)

Shawn E. on behalf of Grace E. v. Diane S. (Nebraska 2018)

A garnishment order is not final unless it requires delivery of the debtor’s property to the creditor. The state of Nebraska initiated a garnishment action against the father’s prison account for arrears and past due medical support. After a hearing, the district court entered an order denying the father’s request for continuance, overruling his objection to the garnishment, and allowing that the garnishment “may proceed.” The father appealed this order. The court of appeals found the order was not final, so it lacked jurisdiction. The Supreme Court agreed. It found that for a garnishment order to be final, it must order delivery of the debtor’s property to the creditor. At that time, the order affects a substantial right of the debtor and is appealable.

Sign up to stay up-to-date with news and resources.

Sign Up

YoungWilliams does not endorse the reports or opinions expressed by non-YoungWilliams authors, nor do we endorse the entities that initially released or published the materials posted on our website.