Legal Opinion

Cotton v. Fruge

Nebraska Court of Appeals

Decided June 15, 1999No. A-98-154PublishedCited by 4 opinions

1Opinion of the Court

Sievers, Judge.

This opinion addresses the consequences of a dismissal under Neb. Rev. Stat. § 25-217 (Reissue 1995) when a plaintiff fails to serve the defendants with process within the statutorily required 6 months of filing of the lawsuit.

BACKGROUND

On January 7, 1997, Allen R. Cotton filed a pro se complaint with a demand for a jury trial against Rickey J. Fruge, Jason P. Fruge, and the Fruges’ insurance carrier, Allstate Insurance Company, in the district court for Sarpy County, Nebraska. The complaint alleges that on August 4, 1993, Cotton was a passenger in a vehicle owned by Rickey and…

2Cases cited3 opinions

  1. State v. KelleyNebraska Supreme Court · 1996
  2. Cobb v. Sure Crop Chemical Co.Nebraska Supreme Court · 1998
  3. McDaneld v. FischerNebraska Court of Appeals · 1999

3Cited by4 opinions

  1. Vopalka v. AbrahamNebraska Supreme Court · 2000
  2. Kovar v. HabrockNebraska Supreme Court · 2001
  3. Vopalka v. AbrahamNebraska Court of Appeals · 2000
  4. Stanko v. Smith, King, Simmons & Conn LawNebraska Court of Appeals · 2022

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