Lopez v. Swift Beef Co., 091907 NEWC, 0646

• Case Date: September 19, 2007
• Court: Nebraska

AMELIA LOPEZ, Plaintiff, v. SWIFT BEEF COMPANY, Defendant. No. 0646 DOC 206 Nebraska Workers Compensation September 19, 2007           Lee S. Loudon, Attorney at Law           Caroline M. Westerhold, Dallas D. Jones, Attorneys at Law           Ami M. Huff, Attorney at Law           ORDER          Appellee’s Motion to Dismiss Appellant’s Application for Review was heard on August 14, 2007. Counsel were present in person and arguments heard. The review panel took judicial notice of the pleadings of the parties and orders of the Court.          On July 2, 2007, the trial court entered an order granting plaintiff’s motion to compel defendant to pay fees to the court-appointed vocational counselor for preparation of a supplemental report in answer to a rebuttal loss of earning power obtained by defendant from a vocational counselor it selected. Defendant filed an application for review on July 13, 2007.          Only final orders are subject to appeal. A final order is clearly intended to serve as a final adjudication of the rights and liabilities of the parties, with no issues reserved for further determination. Dawes v. Wittrock Sandblasting & Painting, Inc., 266 Neb. 526, 667 N.W.2d 167 (2003). In the present case, there has been no adjudication of the substantial issues between the parties. Plaintiff’s motion was clearly a preliminary, pretrial matter and the order entered was hardly dispositive of the substantive issues contested by the parties. We believe there is no reasonable question that the trial court’s order was not a final order subject to appeal.          Plaintiff sought an award of attorney’s fees pursuant to § 25-824. Defendant argued the Nebraska Workers' Compensation Court had no jurisdiction to sanction frivolous appeals as none is provided...