The hazards of not having experienced appellate counsel was once again highlighted yesterday by the Nebraska Court of Appeals in REEVES V. WESTERN HERITAGE CREDIT UNION, an unpublished decision.
In Reeves, appellate counsel failed to request that the bill of exceptions contain the hearing for the motion for summary judgment. Because of that the court concluded, “After examining only the pleadings due to the absence of a bill of exceptions, we conclude that the trial court did not err in granting Western Heritage’s motion for summary judgment, and its judgment dismissing the action is affirmed.” Reeves may have very well had a legitimate appeal. However, the Court of Appeals did not consider any of the evidence before it, because the appropriate record was missing.
Jeanelle R. Lust