Sanitary Improvement District No. 177 v. Employers Mutual Casualty Co.
Line of Business : Surety
Court Type : Appellate
Case Type : Performance Bonds
Case Subtype : Procedural Issues
State : Nebraska
Case Date : 12/12/2006
Court Type : Appellate
Case Type : Performance Bonds
Case Subtype : Procedural Issues
State : Nebraska
Case Date : 12/12/2006
Case Description :
In Sanitary Improvement District No. 177 v. Employers Mutual Casualty Co., 2006 WL 3600083 (Neb.App. December 12, 2006) the obligee sued the performance bond surety in 1998 on a bond written in 1992. On five different occasions the court dismissed the case based on “court progression standards” (i.e. failure to prosecute). Each time, the court granted the obligee’s motion to reinstate the case. The surety appealed the fifth reinstatement, and the Court of Appeals held that the trial court acted within its discretion in granting the motion. The Court also refused to consider the surety’s appeal of denial of its demurrer to portions of the complaint because denial of a demurrer is not a final, appealable order.
