On appeal, SHA contends, rephrased and consolidated, that the district court erred in failing to dispose of its motion for summary judgment; in denying its trial counsel from stating, on the record, his objections to the admission of exhibit 1, Kamin's affidavit, and in admitting the exhibit into evidence; and in granting summary judgment in favor of the VOSTA.
SHA also argues unjust enrichment, but did not assign this as error and did not argue this legal theory at the lower court level; therefore, we decline to address it further.
An appellate court will not consider an issue on appeal that was not presented to or passed upon by the trial court. Scurlocke v. Hansen, Neb. To be considered by an appellate court, an alleged error must be both specifically assigned and specifically argued in the brief of the party asserting the error.
Hansen, supra; In re Estate of Matteson, Neb. In reviewing a summary judgment, an appellate court views the evidence in the light most favorable to the party against whom the judgment is granted and gives such party the benefit of all reasonable inferences deducible from the evidence. Misle v. HJA, Inc. Summary judgment is proper when the pleadings and evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law.
SHA first contends that the district court erred in failing to dispose of its motion for summary judgment. This assignment of error is without merit. When adverse parties have each moved for summary judgment and the trial court has sustained one of the motions, the reviewing court obtains jurisdiction over both motions and may determine the controversy which is the subject of those motions or make an order specifying the facts which appear without substantial controversy and direct such further proceedings as the court deems just.
Johnson v. Knox Cty. Partnership, Neb. Kyler, 15 Neb. Thus, the district court did not err in failing to specifically set forth the denial of SHA's motion for summary judgment, as such denial was implied upon the grant of summary judgment in favor of VOSTA, and this court has jurisdiction over both motions for summary judgment. SHA also contends that the district court erred in denying its trial counsel from stating, on the record, his objections to the admission of exhibit 1, Kamin's affidavit, and in admitting the exhibit into evidence in its entirety.
SHA's counsel objected to the admission of exhibit 1, stating "it's quite a large Affidavit, I can go through paragraphs, but generally there are numerous paragraphs within that Affidavit sic that I feel lack foundation, call for a legal conclusion and are opinions.
And so — however, the Court would like me to proceed on my objections. I can determine what is relevant. In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by the Nebraska Evidence Rules; judicial discretion is involved only when the rules make such discretion a factor in determining admissibility.
Gourley v. Nebraska Methodist Health Sys. Under the terms of Neb. Papillion Subdivisions and Neighborhoods Already have an idea which Papillion neighborhood or subdivision you'd like to live in? Papillion Subdivisions. What is My Home Worth? Free Market Analysis. Relocating to Omaha Free Location Guide. Building Area: Square Feet. Not Senior Community. Lot Information. Lot Area: Tax Information. Business Information. Ownership: Fee Simple. See Less home details. Last check for updates: 25 minutes ago.
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