Charles Sargent Irrigation, Inc., doing business as Sargent Drilling, appellee,
Mary Martha Pohlmeier, appellant.
Motions to Vacate: Time. The decision to
vacate an order at any time during the term in which the
judgment is rendered is within the discretion of the court;
such a decision will be reversed only if it is shown that the
district court abused its discretion.
Judgments: Words and Phrases. An abuse of
discretion occurs when the trial court's decision is
based upon reasons that are untenable or unreasonable or if
its action is clearly against justice or conscience, reason,
Rules of the Supreme Court: Pretrial Procedure:
Appeal and Error. The determination of an
appropriate discovery sanction rests within the discretion of
the trial court, and an appellate court will not disturb it
absent an abuse of discretion.
Motions to Vacate: Time. In a civil case, a
court has inherent power to vacate or modify its own
judgments at any time during the term at which those
judgments are pronounced, and such power exists entirely
independent of any statute.
Courts: Time. Unless otherwise provided by
order of the district court, a term of court begins on
January 1 of a given year and ends on December 31 of that
Judgments: Judicial Sales: Appeal and Error.
An order overruling a motion to deny confirmation of a
judicial sale and to set the sale aside is not a final or
Courts. Nebraska's courts, through their
inherent judicial power, have the authority to do all things
necessary for the proper administration of justice.
Pretrial Procedure. The main purpose of the
discovery process is to narrow the factual issues in
controversy so that the trial is efficient and economical.
Neb.App. 230] 9.____ . The discovery process helps the
litigants conduct an informed cross-examination and avoid
tactical surprise, a circumstance which might lead to a
result based more on legal maneuvering than on the merits of
Rules of the Supreme Court: Pretrial
Procedure. The court may sanction a party under Neb.
Ct. R. Disc. § 6-337, despite the absence of a prior
Courts: Evidence. A trial court's
exclusion of evidence may be sustained as an exercise of a
trial court's inherent powers.
Appeal and Error. An appellate court will
not consider an issue that was not presented to or passed
upon by the trial court, because a trial court cannot commit
error in resolving an issue never presented and submitted to
it for disposition.
from the District Court for Fillmore County: Vicky L.
Johnson, Judge. Affirmed.
Penn, of Penn Law Firm, L.L.C., for appellant.
Charles W. Campbell, of Angle, Murphy & Campbell, PC,
L.L.O., for appellee.
Chief Judge, and Riedmann and Bishop, Judges.
discovery sanction, the district court for Fillmore County
entered a default judgment against Mary Martha Pohlmeier and
in favor of Charles Sargent Irrigation, Inc., doing business
as Sargent Drilling (Charles Sargent). The court included
prejudgment interest in the damages awarded, and after
Pohlmeier's land was sold to satisfy the judgment, the
court denied Pohlmeier's objection to the confirmation of
the sale. We affirm the ...