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§12-952.
§12-952.
(a) The Supreme Court may reverse, vacate or modify judgments of the
district court for errors appearing on the record, and in the reversal
of such judgment may reverse, vacate or modify any intermediate order
involving the merits of the action, or any portion thereof.
(b) The Supreme Court may reverse, vacate or modify any of the
following orders of the district court, or a judge thereof:
1. A final order;
2. An order that discharges, vacates or modifies or refuses to vacate
or modify a provisional remedy which affects the substantial rights of
a party; or grants, refuses, vacates, modifies or refuses to vacate or
modify an injunction; grants or refuses a new trial; or vacates or
refuses to vacate a final judgment;
3. Any other order, which affects a substantial part of the merits of
the controversy when the trial judge certifies that an immediate
appeal may materially advance the ultimate termination of the
litigation; provided, however, that the Supreme Court, in its
discretion, may refuse to hear the appeal. If the Supreme Court
assumes jurisdiction of the appeal, it shall indicate in its order
whether the action in the trial court shall be stayed or shall
continue.
The failure of a party to appeal from an order that is appealable
under either subdivision 2 or 3 of subsection (b) of this section
shall not preclude him from asserting error in the order after the
judgment or final order is rendered.
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