A-17-0722, Tara and James Woodcock, and Gary and Martha Ellen Dimmitt (Appellants) v. Anthony Navarrete-James and Yolanda Sanchez
Lincoln County, District Court Judge Donald E. Rowlands II
Attorney for Appellants: James C. Bocott (Law Office of James C. Bocott, PC, LLO)
Attorney for Appellee: Stephen L. Ahl and Krista M. Carlson (Wolfe, Snowden, Hurd, Luers & Ahl, LLP)
Civil Action: Judgment on the pleadings
Action Taken by Trial Court: The trial court granted appellees’ motion for judgment on the pleadings on appellants’ amended complaint which sought to vacate or modify a prior order that had dismissed appellants’ personal injury case against appellees. The court determined that the facts of the case did not satisfy any of the statutory reasons under Neb. Rev. Stat. § 25-2001 or equitable bases for vacating an order out of term.
Assignments of Error on Appeal: Did the trial court err in dismissing appellants’ amended complaint for failure to state a cause of action when it failed to recognize there were issues of fact that required resolution? Did the trial court err in concluding that appellants were not entitled to equitable relief because they had adequate remedies at law?