Nebraska Statutes 25-1926. Appeal; reversal of judgment; mandate
When a judgment or final order is reversed either in whole or in part in the Court of Appeals or Supreme Court, the appellate court shall proceed to render such judgment as the court below should have rendered or remand the cause to the court below for such judgment. The appellate court shall not issue execution in causes that are removed to it on error on which it pronounced judgment but shall send a special mandate to the court below, as the case may require, to award execution thereupon. The court to which such special mandate is sent shall proceed in such case in the same manner as if such judgment or final order had been rendered therein, and on motion and good cause shown, it may suspend any execution made returnable before it by order of the appellate court in the same manner as if such execution had been issued from its own court, but such power shall not extend further than to stay proceedings until the matter can be further heard by the appellate court.
Terms Used In Nebraska Statutes 25-1926
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.