JOHNSON v. JOHNSON

No. S-10-1092.

803 N.W.2d 420 (2011)

282 Neb. 42

Elizabeth Grant JOHNSON, appellee, v. Kari JOHNSON, appellant.

Supreme Court of Nebraska.

August 12, 2011.


Attorney(s) appearing for the Case

Virginia A. Albers , of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, for appellant.

Christine A. Lustgarten , of Dornan, Lustgarten & Troia, P.C., L.L.O., Omaha, for appellee.

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


CONNOLLY, J.

Kari Johnson seeks to have a dissolution decree vacated. He argues that because he signed his voluntary appearance before his wife had filed her petition, he did not effectively waive service of process and thus the court did not have personal jurisdiction over him. We disagree and hold that a voluntary appearance signed the day before the petition is filed waives service of process if filed simultaneously with or after the petition. We affirm.

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