S-12-1049, Timothy E. Fitzgerald v. Camille M. Fitzgerald n/k/a Camille M. Fangmeier (Appellant)
Thayer County, Judge Vicky Johnson
Attorneys: Nancy S. Johnson (Conway Pauley & Johnson PC) (Appellant) --- Scott Grafton (Svehla Thomas & Rauert PCLLO) (Appellee/Cross-Appellant)
Civil: Modification of custody
Proceedings below: The trial court entered a default judgment in favor of Appellant. Appellee filed a motion to vacate default judgment which was granted by the trial court after finding that Appellant did not deliver notice to Appellee of the default judgment hearing per local district court rule.
Issues: The district court erred in granting the motion to vacate default judgment for the sole reason that Appellant did not serve notice of the default judgment hearing on Appellee.