Davis v. City of Elkhorn

Brian E. Davis appeals from an order dismissing his complaint. He poses two arguments. First, he claims that because the defendants were late in serving their answer they were in default and the trial court should have granted default judgment rather than proceeding to the merits of his complaint. Second, he observes that the trial court spoke only to the § 1983 claim for relief. He asserts that there were other claims in the complaint but the order dismissed the whole action. For the reasons stated below, we affirm as to the first issue but reverse and remand as to the second issue.

Davis…