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STONE LAND AND LIVESTOCK CO. v. HBE, LLP

No. S-20-672.

962 N.W.2d 903 (2021)

309 Neb. 970

STONE LAND AND LIVESTOCK COMPANY, INC., a Nebraska corporation, et al., appellants, v. HBE, LLP, a Nebraska limited liability partnership, and Michael J. Arens, appellees.

Supreme Court of Nebraska.

Filed August 13, 2021.

Attorney(s) appearing for the Case

Steven E. Guenzel , Cameron E. Guenzel , and Corey J. Wasserburger , of Johnson, Flodman, Guenzel & Widger, Lincoln, for appellants.

Taylor M. Hayes and Gregory C. Scaglione , of Koley Jessen, P.C., L.L.O., Omaha, for appellees.

Heavican, C.J., Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

This case presents the question of whether a defendant's filing of an "Appearance of Counsel" constitutes a voluntary appearance that relieves a plaintiff of the ordinary obligation to serve defendant with the lawsuit. We hold that it does not and therefore affirm the district court's order dismissing the lawsuit on the grounds that defendants...

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