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KOVAR v. HABROCK

No. S-99-1163.

622 N.W.2d 688 (2001)

261 Neb. 337

Vicki L. KOVAR, Appellee and Cross-Appellant, v. Dale G. HABROCK, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

March 9, 2001.

Attorney(s) appearing for the Case

Eugene L. Hillman and Patricia McCormack, of Hillman, Forman, Nelsen, Childers & McCormack, for appellant.

David S. Houghton and J.P. Sam King, of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., Omaha, and Daniel G. Dolan, Omaha, for appellee.

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

CONNOLLY, J.

The appellant, Dale G. Habrock, argues that the district court did not have jurisdiction to render a default judgment against him. At issue is whether, under Neb.Rev.Stat. § 25-217 (Reissue 1995), the action of the appellee, Vicki L. Kovar, was dismissed by operation of law because Habrock was not served with process within 6 months.

After experiencing difficulties serving Habrock personally, Kovar...

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