Judgments and orders that may be appealed

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12-2101. Judgments and orders that may be appealed

A. An appeal may be taken to the court of appeals from the superior court in the following instances:

1. From a final judgment entered in an action or special proceeding commenced in a superior court, or brought into a superior court from any other court, except in actions of forcible entry and detainer when the annual rental value of the property is less than three hundred dollars.

2. From any special order made after final judgment.

3. From any order affecting a substantial right made in any action when the order in effect determines the action and prevents judgment from which an appeal might be taken.

4. From a final order affecting a substantial right made in a special proceeding or on a summary application in an action after judgment.

5. From an order:

(a) Granting or refusing a new trial, or granting a motion in arrest of judgment.

(b) Granting or dissolving an injunction, or refusing to grant or dissolve an injunction or appointing a receiver.

(c) Dissolving or refusing to dissolve an attachment or garnishment.

(d) Granting or denying a petition to restore a person's right to possess a firearm pursuant to section 13-925.

6. From an interlocutory judgment that determines the rights of the parties and directs an accounting or other proceeding to determine the amount of the recovery.

7. From an interlocutory judgment in any action for partition that determines the rights and interests of the respective parties, and directs partition to be made.

8. From any interlocutory judgment, decree or order made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting.

9. From a judgment, decree or order entered in any formal proceedings under title 14.

10. From an order or judgment:

(a) Adjudging a person insane or incompetent, or committing a person to the state hospital.

(b) Revoking or refusing to revoke an order or judgment adjudging a person insane or incompetent, or restoring or refusing to restore to competency any person who has been declared insane or incompetent.

11. From an order or judgment made and entered on habeas corpus proceedings:

(a) The petitioner may appeal from an order or judgment refusing his discharge.

(b) The officer having the custody of the petitioner, or the county attorney on behalf of the state, from an order or judgment discharging the petitioner whereupon the court may admit the petitioner to bail pending the appeal.

B. If any order or judgment referred to in this section is made or rendered by a judge it is appealable as if made by the court.


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