S-23-1059 Sherrets Bruno & Vogt LLC (Appellant) v. Timothy E. Montoya (Appellee)
Appeal from the District Court for Douglas County, Judge Peter C. Bataillon
Attorneys: Jason M. Bruno and Guillermo M. Martinez (Sherrets Bruno & Vogt LLC for Appellant) and Appellee is in default.
Civil: Personal jurisdiction and default judgment.
Proceedings Below: In this action to collect attorney fees, the district court overruled Appellant’s motion for default judgment and dismissed the case for lack of personal jurisdiction. On its own motion, the Supreme Court ordered that this case be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred in raising personal jurisdiction sua sponte on behalf of a defaulted party who had waived that affirmative defense; 2) The district court erred in failing to grant Appellant’s motion for default judgment and dismissing the case; and 3) The district court erred in finding a lack of jurisdiction over Appellee.