Mutual of Omaha Bank v. WatsonAnnotate this Case
The Supreme Court dismissal this appeal from an order of the district court denying Appellant’s request for a stay of an order of sale in a judicial foreclosure action, holding that the order denying the request for a stay was not appealable.
The district court determined that Appellant and his former spouse owed Mutual of Omaha Bank $533,459, ordered an execution sale, and foreclosed Appellant and his former spouse from asserting any interest in the property. Mutual subsequently applied to and received from the district court a supplemental decree ordering that sums paid by Mutual that were not included in the initial decree be added to the amount due Mutual. After Appellant unsuccessfully requested a stay of the order of sale Appellant appealed. The Supreme Court dismissed the appeal for lack of appellate jurisdiction, holding (1) because a supplemental decree like the one at issue in this case does not give rise to a right to seek a statutory stay the district court’s order denying Appellant’s request for a stay did not affect an essential legal right; and (2) therefore, the order was not final, and this Court lacked jurisdiction to decide the appeal.