Woodcock v. Navarrete-James

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Woodcock v. Navarrete-James

Case Number
A-17-0722
Court Number
Lincoln
Call Date
June 13, 2018
Case Time
1:00 PM
Case Summary

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?

Case Location
Lincoln
Schedule Code
A2
Panel Text
Pirtle, Riedmann, and Bishop, Judges