State Ex Rel. Birdine v. Fuller

The respondent, John Fuller, appeals from the order of the district court dismissing his petition to vacate a judgment in a paternity action. The trial court found that any right to relief was barred by Neb. Rev. Stat. § 25-2008 (Reissue 1979).

On February 8, 1978, a petition was filed in the district court alleging that the respondent was the father of two children born to the petitioner, Linda M. Birdine. A summons and a copy of the petition were served on the respondent personally. The respondent failed to plead or appear, and a default judgment was entered against the respondent on April…