Deines v. Essex Corporation

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

Deines v. Essex Corporation

Case Number
S-15-0170
Call Date
January 7, 2016
Court Number
Douglas
Case Summary

S-15-170 Douglas Deines (Appellee) v. Essex Corporation (Appellant)

Douglas County, Judge Leigh Ann Retelsdorf

Attorneys: Michaelle L. Baumert and Henry L. Wiedrich of Husch Blackwell LLP for Appellant; Timothy S. Dowd for Dowd Howard & Corrigan, LLC for Appellee

Civil: Motion for Reinstatement

Proceedings below: Reinstatement granted

1. The District Court erred by sustaining Plaintiff-Appellee's Motion to Reinstate, thereby vacating the previous Order of dismissal, after the commencement of a new court term, without a showing that Plaintiff-Appellee exercised due diligence and that his failure to secure a proper decision in the prior term was due to anything other than his own fault or negligence. The District Court's Order, which was issued absent this requisite showing, exceeded the Court's equitable authority over a dismissal Order entered in the previous court term.