Kovar v. Habrock

The appellant, Dale G. Habrock, argues that the district court did not have jurisdiction to render a default judgment against him. At issue is whether, under Neb. Rev. Stat. § 25-217 (Reissue 1995), the action of the appellee, Vicki L. Kovar, was dismissed by operation of law because Habrock was not served with process within 6 months.

After experiencing difficulties serving Habrock personally, Kovar was granted leave under Neb. Rev. Stat. § 25-517.02 (Reissue 1995) for alternate service. The order provided for service by publication and service on Habrock’s probation officer, but Kovar failed…