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FOX v. NICK

No. S-01-920.

660 N.W.2d 881 (2003)

265 Neb. 986

Dan FOX, appellant, v. Bradley E. NICK, Special Administrator of the Estate of Edward I. Radil, appellee.

Supreme Court of Nebraska.

May 16, 2003.

Attorney(s) appearing for the Case

Timothy M. Schulz, of Yost, Schafersman, Lamme, Hillis, Mitchell & Schulz, P.C., L.L.O., Fremont, for appellant.

Thomas A. Grennan, Omaha, and Thomas E. Morrow, Jr., Lincoln, of Gross & Welch, P.C., for appellee.

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

HENDRY, C.J.

INTRODUCTION

Appellant, Dan Fox, filed a petition against Edward I. Radil in the district court for Dodge County 8 days before the expiration of the applicable statute of limitations. However, Fox was unable to serve Radil with summons before Radil's death approximately 2 months later. After Radil's death, Fox served appellee, Bradley Nick, special administrator of Radil's estate, with notice of the lawsuit against Radil. Nick was served prior...

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