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FITZGERALD v. FITZGERALD

No. S-12-1049.

835 N.W.2d 44 (2013)

286 Neb. 96

Timothy E. FITZGERALD, appellee and cross-appellant, v. Camille M. FITZGERALD, now known as Camille M. Fangmeier, appellant and cross-appellee.

Supreme Court of Nebraska.

Filed June 14, 2013.

Attorney(s) appearing for the Case

Nancy S. Johnson , of Conway, Pauley & Johnson, P.C., for appellant.

Scott D. Grafton , of Svehla, Thomas, Rauert & Grafton, P.C., for appellee.

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

CASSEL, J.

INTRODUCTION

After the parties' marriage had been dissolved, Camille M. Fitzgerald, now known as Camille M. Fangmeier (Fangmeier), sought a modification of child custody and related matters. Timothy E. Fitzgerald was personally served, but he defaulted. The district court first entered a default modification order. On Fitzgerald's motion, the court entered a second order that vacated the first order. In this appeal, Fangmeier challenges the second...

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