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CAVE v. REISER

No. S-03-391.

684 N.W.2d 580 (2004)

268 Neb. 539

Robert CAVE, doing business as Car Mart, a sole proprietorship, Appellant and Cross-Appellee, v. Alfred L. REISER, Appellee, and Jerald J. Reiser, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

August 6, 2004.

Attorney(s) appearing for the Case

Mary C. Wickenkamp, Lincoln, for appellant.

Brian S. Kruse, of Rembolt, Ludtke & Berger, L.L.P., Lincoln, for appellee Jerald J. Reiser.

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

CONNOLLY, J.

The appellant, Robert Cave, doing business as Car Mart, seeks to revive a judgment against the appellee Jerald J. Reiser. Jerald contends that the judgment is void because he was not properly served and an attorney who entered a general appearance on his behalf lacked the authority to do so. The main issue is whether Jerald can introduce extrinsic evidence to show that the judgment was void. The county court revived the judgment. Jerald appealed to the...

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