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