Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Woodcock v. Navarrete-James

Court of Appeals of Nebraska

January 29, 2019

Tara and James Woodcock, husband and wife, and Gary and Martha Ellen Dimmitt, husband and wife, appellants,
v.
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.

         2. 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.

         3. 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.

         4. 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).

         5. 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.

         6. 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.

         7. 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.

          [26 Neb.App. 810] Appeal from the District Court for Lincoln County: Donald E. Rowlands, Judge. Reversed and remanded for further proceedings.

          James C. Bocott, of Law Office of James C. Bocott, PC, L.L.O., for appellants.

          Stephen L. Ahl and Krista M. Carlson, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.R, for appellee.

          Pirtle, Riedmann, and Bishop, Judges.

          PER CURIAM.

         INTRODUCTION

         Tara 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.

         BACKGROUND

         On June 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, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.