Muench v. Shaffer

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Muench v. Shaffer

Case Number
Call Date
January 11, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-16-1043, Jill A. Muench, Assignee, Appellant v. Tamara Shaffer, Defendant v. Robert Shaffer, Garnishee, Appellant

Attorneys: Brian J. Muench (Appellant) – Donald A. Roberts

District Court of Douglas County, Hon. Leigh Ann Retelsdorf

Civil: Notice of Garnishment Judgment

Proceedings Below: The district court affirmed the county court’s order granting Appellee’s complaint to vacate/set aside.

Issues: Appellant assigns that the district court erred in (1) failing to dismiss Robert’s application to vacate judgment based upon the statute of limitations; (2) failing to require Robert to show that he exercised due diligence in seeking vacation of the judgment after the two year statute of limitations had run, and further that Robert failed to plead and prove any facts which would allow the trial court to exercise its equity jurisdiction; (3) finding that Robert’s failure to act after the May 10, 2012, hearing was excusable and presumed that Robert, because he had no “actual” notice of the entry of the judgment, was not required to investigate. 

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