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CUSTOM FABRICATORS v. LENARDUZZI

No. S-99-246.

610 N.W.2d 391 (2000)

259 Neb. 453

CUSTOM FABRICATORS OF GRANITE AND MARBLE, INC., a Nebraska corporation, appellant, v. Mario LENARDUZZI and Dario Lenarduzzi, individually and doing business as Lenarduzzi Terrazzo and Tile, appellees.

Supreme Court of Nebraska.

May 12, 2000.

Attorney(s) appearing for the Case

Douglas S. Lash, of Brown & Brown, P.C., Omaha, for appellant.

Paul M. Shotkoski, of Smith Peterson Law Firm, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

NATURE OF CASE

Custom Fabricators of Granite and Marble, Inc. (Custom Fabricators), obtained a default judgment against Mario Lenarduzzi and Dario Lenarduzzi (the Lenarduzzis) on October 3, 1997. The Lenarduzzis thereafter filed a motion to set aside the default judgment in the same court term during which the default judgment was granted. After that term expired, the district court determined that the order purporting to dispose of the motion...

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