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Mohr v. Mohr

Court of Appleals of Nebraska

February 17, 2015

LOLA M. MOHR, APPELLANT,
v.
MARK L. MOHR, APPELLEE

Page 378

Appeal from the District Court for Gage County: Paul W. Korslund, Judge.

Lola M. Mohr, Pro se.

F. Matthew Aerni, of Berry Law Firm, for appellee.

IRWIN, RIEDMANN, AND BISHOP, JUDGES.

OPINION

Page 379

[22 Neb.App. 773] Riedmann, Judge.

INTRODUCTION

The district court for Gage County modified the original dissolution decree and awarded Mark L. Mohr custody of the parties' minor children. Lola M. Mohr now appeals. Because we determine that Lola was not served with a copy of the modification complaint within 6 months from the date it was filed, we reverse the judgment and remand the cause to the district court with directions to vacate the modification order and to enter an order that Mark's complaint for modification stands dismissed pursuant to Neb. Rev. Stat. § 25-217 (Reissue 2008).

BACKGROUND

Lola and Mark's marriage was dissolved in 2004. The decree awarded custody of the minor child involved herein, a daughter born in 1997, to Lola, subject to Mark's parenting time.

On April 17, 2013, Mark filed a complaint to modify custody. After several attempts, Lola was served with the complaint for modification in person on October 30. Because she never filed an answer or otherwise responded, Mark moved for default judgment on February 12, 2014. A hearing was held on March 10, at which Mark testified and Lola did not appear.

Subsequent to the hearing, the district court entered an order of modification. It found that a material change in circumstances existed and that it was in the minor child's best interests that her custody be awarded to Mark. The district court also ordered Lola to pay $442 per month in child support to Mark.

Lola filed a document that the court construed as a motion for new trial. After hearing, the court denied the motion. ...


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