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CARLSON v. VERSICHERUNGS-AKTIENGESELLSCHAFT

No. S-13-492.

844 N.W.2d 264 (2014)

287 Neb. 628

Carolyn CARLSON and Richard Carlson, appellants, v. ALLIANZ VERSICHERUNGS-AKTIENGESELLSCHAFT and Does 1 through 50, inclusive, appellees.

Supreme Court of Nebraska.

Filed March 7, 2014.

Attorney(s) appearing for the Case

Thomas G. Sundvold , of Sundvold Law Firm, P.C., L.L.O., and Raymond D. McElfish , of McElfish Law Firm, P.C., L.L.O., West Hollywood, for appellants.

Kyle Wallor and Sarah F. Macdissi , Omaha, of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee Allianz Versicherungs-Aktiengesellschaft.

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

CASSEL, J.

I. INTRODUCTION

Twenty months after the district court dismissed the appellants' declaratory judgment action against an insurance company for failure to join a necessary party, the appellants filed a complaint to vacate the judgment. The district court sustained the insurance company's motion to dismiss the complaint. Because we conclude that (1) the time for exercise of the district court's inherent power to vacate its judgment had expired, ...

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