MCDANELD v. FISCHER

No. A-97-777.

589 N.W.2d 172 (1999)

8 Neb. App. 160

Charles R. McDANELD, appellant, v. Tim FISCHER, M.D., an individual, and Holmes Lake Family Health Centre, P.C., appellees.

Court of Appeals of Nebraska.

February 16, 1999.


Attorney(s) appearing for the Case

Sandra Hernandez Frantz, Lincoln, for appellant.

William M. Lamson, Jr., and William R. Settles, of Kennedy Holland DeLacy & Svoboda, Omaha, for appellees.

IRWIN, Chief Judge, and HANNON and SIEVERS, Judges.


SIEVERS, Judge.

The statement "The action shall stand dismissed without prejudice as to any defendant not served within six months from the date the petition was filed" is found in Neb.Rev. Stat. § 25-217 (Reissue 1995). We discuss how such a dismissal occurs and its effect in determining whether the statute of limitations bars the filing and service of an amended petition when 6 months has run without service of the original petition.

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