Child Support Enforcement - Sarpy County Nebraska

Default Judgments/Paternity
§ 25-2001(1) (Reissue 2008)
The inherent power of a district court to vacate or modify its
judgments or orders during term may also be exercised after the end of
the term, upon the same grounds, upon a motion filed within six
months after the entry of the judgment or order.
§43-1412. Paternity; action to establish; procedure; public
hearings prohibited; evidence; default judgment; decree;
payment of costs and fees. (Reissue 2004)
(1) ….
(2) A default judgment shall be entered upon a showing of service and failure of the defendant to
answer or otherwise appear.
Carlson v. Two Rivers Auto, Inc. ___ Neb. App. ___ (1994)
In reviewing a trial court’s action in vacating or refusing to vacate a default judgment,
an appellate court will uphold and affirm the trial court’s action in the absence of an
abuse of discretion.
It has been held that “’ default judgment will not ordinarily be set aside on the
application of a party who, by his own fault, negligence, or want of diligence, has
failed to protect his own interests. . . .’” Fredericks v. Western Livestock Auction
Co., 225 Neb. 211, at 217, 403 N.W.2d 377 at 382 (1987).
In considering a request to set aside a default judgment, the trial court may
consider the promptness of the motion to vacate, negligence or want of diligence of
the party moving to vacate, and avoidance of unnecessary delays and frivolous
proceedings.
Modern cases consistently hold that a “party seeking to vacate a default judgment
[in either county or district court] must tender an answer or other proof disclosing a
meritorious defense.” Steinberg v. Stahlnecker, 200 Neb. 466, 468, 263 N.W.2d
861, 863 (1978)
State on behalf of A.E. vs. Buckhalter, 273 Neb. 443, 730 N.W.2d 340 (2007)
[A] party who is served with summons and a copy of the complaint and fails to
answer or make an appearance in a case is not entitled to further notice of a
hearing.
“A party’s voluntary inaction and inattention should not be permitted to paralyze
the ordinary and orderly functioning of the legal process.” Citing Tejral v. Tejral,
220 Neb. 264, 369 N.W.2d 359 (1985).
[W]hen the court has entered a default judgment and the defendant has made a
prompt application at the same term to set it aside, with the tender of an answer or
other proof disclosing a meritorious defense, the court should on reasonable
terms sustain the motion and permit the cause to be heard on the merits. A
meritorious or substantial defense or cause means one which is worthy of judicial
inquiry because it raises a question of law deserving some investigation and
discussion or a real controversy as to the essential facts.12 To vacate the default
judgment, Buckhalter is not required to show that he will ultimately prevail, but only
that he has a recognized defense that is not frivolous.
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