Legal Opinion
McDaneld v. Fischer
Nebraska Court of Appeals
Decided February 16, 1999No. A-97-777PublishedCited by 5 opinions
1Opinion of the Court
Sievers, Judge.
The statement “The action shall stand dismissed without prejudice as to any defendant not served within six months from the date the petition was filed” is found in Neb. Rev. Stat. § 25-217 (Reissue 1995). We discuss how such a dismissal occurs and its effect in determining whether the statute of limitations bars the filing and service of an amended petition when 6 months has run without service of the original petition.
BACKGROUND
On October 26, 1992, Charles R. McDaneld was treated for an injury to his right great toe and foot by Dr. Tim Fischer at the Holmes Lake Family Health…
2Cases cited7 opinions
- Pearson v. Lincoln Telephone Co.Nebraska Court of Appeals · 1994
- Hamilton v. HamiltonNebraska Supreme Court · 1993
- Department of Social Services v. C.B.Nebraska Supreme Court · 1993
- Kennedy v. PottsNebraska Supreme Court · 1935
- Ratigan v. K.D.L., Inc.Nebraska Supreme Court · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vopalka v. AbrahamNebraska Supreme Court · 2000
- Cotton v. FrugeNebraska Court of Appeals · 1999
- Smeal v. OlsonNebraska Court of Appeals · 2001
- Vopalka v. AbrahamNebraska Court of Appeals · 2000
- Opinion No. (1999), Nebraska Attorney General Reports1999