Lee Sapp Leasing, Inc. v. Ciao Caffe & Espresso, Inc.

Hannon, Judge.

INTRODUCTION

Merrill Lynch & Co., Inc. (Merrill Lynch), garnishee, appeals from the denial of its motion for relief from default judgment that had been entered against it in favor of Lee Sapp Leasing, Inc. (Lee Sapp), the garnishor, after Merrill Lynch failed to answer garnishment interrogatories within the statutory period set forth in Neb. Rev. Stat. § 25-1010(2) (Reissue 1995). We conclude the district court abused its discretion in denying the motion for relief from judgment, because Merrill Lynch filed the motion in term, promptly, with a showing of a meritorious defense.…