S-20-0672 Stone Land and Livestock Company, Inc., Richard Stone, and Deborah Garrison (Appellants) v. HBE, LLP, and Michael J. Arens
Lancaster County District Court, Hon. Andrew R. Jacobsen
Attorneys: Steven Guenzel, Cameron Guenzel, Corey Wasserburger (Johnson Flodman Guenzel & Widger, for Appellants)
Gregory Scaglione, Taylor Hayes (Koley Jessen, PC, LLO, for Appellees)
Civil: Civil Procedure
Proceedings Below: The district court dismissed the Appellants’ case for failure to obtain service on the defendants within six months of the filing of the complaint. The district court denied the Appellants’ motion to reinstate the case.
Issues on Appeal: Whether the district court erred in 1) dismissing the complaint; 2) finding that the appearance of counsel, filed by Appellees was not “equivalent to service” under Neb. Rev. Stat. § 25-516.01(1); 3) finding the Appellees’ appearance of counsel had to seek relief of invoke the authority of the court it order to be “equivalent to service” under Neb. Rev. Stat. § 25-516.01(1); and 4) finding that the Appellees’ appearance of counsel did not invoke the authority of the court.