Abstract
The Green v. Village of Terrytown case presented to the Supreme Court of Nebraska for the first time the issue of the appealability of a judgment which dismisses one or more but fewer than all of the parties to an action and which leaves the action pending as to the remaining parties. This article analyzes the various rules that the state courts and the federal courts, prior to the Federal Rules of Civil Procedure, have adopted to deal with this issue. Rule 54(b) of the Federal Rules of Civil Procedure also will be discussed in terms of its modification of the federal rules and its advantages over the state court rules. In conclusion, this article recommends the adoption of Rule 54(b) in Nebraska.
I. Introduction
II. Single Judicial Unit Theory
III. Exception to Single Judicial Unit Theory
IV. Rule of Green v. Village of Terrytown
V. Analysis of Three Alternative Rules
VI. Federal Rule 54(b)
VII. Conclusion
Recommended Citation
Robert L. Banta,
Appealability Problems in Nebraska; Advantages of Federal Rule 54(b),
53 Neb. L. Rev. 73
(1974)
Available at: https://digitalcommons.unl.edu/nlr/vol53/iss1/5