Nye v. Fire Group Partnership

This is an appeal from a district court’s order denying a motion to vacate or modify a summary judgment under Neb. Rev. Stat. § 25-2001(4) (Cum. Supp. 2000). The appellants, Muriel H. Nye and Charles A. Nye, claimed that they never received notice of the court’s order. The district court overruled the appellants’ motion to vacate or modify because it found that its bailiff had mailed notice in compliance with Neb. Rev. Stat. § 25-1301.01 (Cum. Supp. 2000).

The issue raised by this appeal is whether the mailing of notice of a judgment by a judge’s bailiff, instead of the clerk of the district…