Tejral v. Tejral

I must respectfully dissent. I do so on the very narrow ground that I believe it error to declare as a matter of law that “it is an abuse of the trial court’s discretion under [Neb. Rev. Stat.] § 42-372 [(Reissue 1984)] to set aside a dissolution decree, properly entered, on the sole basis that notice of hearing was not sent to the party in default of filing any pleading or entering an appearance in the case.” The use of the term “discretion” *268implies that a hard-and-fast rule cannot be invoked. See Pettegrew v. Pettegrew, 128 Neb. 783, 260 N.W. 287 (1935). To therefore suggest that while the…