Tara and James Woodcock, husband and wife, and Gary and Martha Ellen Dimmitt, husband and wife, appellants,
Anthony Navarrete-James, appellee.
1. Trial: Pleadings: Pretrial
Procedure. A motion for judgment on the pleadings is
properly granted when it appears from the pleadings that only
questions of law are presented.
Motions to Vacate: Appeal and Error. In
reviewing a trial court's action in vacating or refusing
to vacate a judgment or order, an appellate court will uphold
and affirm the trial court's action in the absence of an
abuse of discretion.
Pleadings: Proof: Dismissal and Nonsuit. A
motion seeking dismissal of a complaint for failure to state
a cause of action should be granted only if it appears beyond
doubt that the plaintiff can prove no set of facts which
would entitle him or her to relief.
Courts: Judgments: Time. After the final adjournment of the
term of court at which a judgment has been rendered, the
court has no authority or power to vacate or modify the
judgment except for the reasons stated and within the time
limited in Neb. Rev. Stat. § 25-2001 (Reissue 2016).
Attorney and Client: Negligence: Judgments:
Time. Lack of diligence or negligence of counsel is
not an unavoidable casualty or misfortune in the context of
Neb. Rev. Stat. § 25-2001 (4)(f) (Reissue 2016)
entitling the applicant to vacation of judgment after
adjournment of term at which judgment has been rendered.
Trial: Pleadings: Pretrial Procedure. A
motion for judgment on the pleadings is properly granted when
it appears from the pleadings that only questions of law are
Appeal and Error. An appellate court is not
obligated to engage in an analysis that is not necessary to
adjudicate the case and controversy before it.
Neb.App. 810] Appeal from the District Court for Lincoln
County: Donald E. Rowlands, Judge. Reversed and remanded for
C. Bocott, of Law Office of James C. Bocott, PC, L.L.O., for
Stephen L. Ahl and Krista M. Carlson, of Wolfe, Snowden,
Hurd, Luers & Ahl, L.L.R, for appellee.
Pirtle, Riedmann, and Bishop, Judges.
and James Woodcock, husband and wife, and Gary and Martha
Ellen Dimmitt, husband and wife (collectively appellants),
appeal from an order of the district court for Lincoln County
dismissing their amended complaint seeking to vacate or
modify a prior order that dismissed appellants' personal
injury case against Anthony Navarrete-James and Yolanda
Sanchez. Based on the reasons that follow, we reverse, and
remand for further proceedings.
20, 2009, appellants were injured as a result of a motor
vehicle accident caused by Navarrete-James' negligence in
failing to stop at a red light. Appellants hired an attorney
and filed a lawsuit in the district court for Lincoln County,
case No. CI 13-349, against Navarrete-James and Sanchez.
Appellants believed their attorney was doing what was
necessary to pursue the matter and represent their interests.
In November 2015, appellants learned that their lawsuit had
been dismissed on September 3 for failure of their attorney
to follow the court's orders on various motions to compel
discovery requests. On December 31, appellants' attorney
filed a motion to reinstate the dismissed lawsuit, and on
March 17, 2016, the district court denied the motion. On
March 25, ...