(1) The voluntary appearance of the party is equivalent to service.
(2) A defense of lack of personal jurisdiction, insufficiency of process, or insufficiency of service of process may be asserted only under the procedure provided in the pleading rules adopted by the Supreme Court. If any of those defenses are asserted either by motion or in a responsive pleading and the court overrules the defense, an objection that the court erred in its ruling will be waived and not preserved for appellate review if the party asserting the defense either (a) thereafter files a demand for affirmative relief by way of counterclaim, cross-claim, or third-party claim or (b) fails to dismiss a demand for such affirmative relief that was previously filed. If any of those defenses are asserted either by motion or in a responsive pleading and the court overrules the defense, an objection that the court erred in its ruling on any issue, except an objection to the court's ruling on personal jurisdiction, will be waived and not preserved for appellate review if the party asserting the defense thereafter participates in proceedings on any issue other than those defenses.
(3) The filing of a suggestion of bankruptcy is not an appearance and does not waive the defense of lack of personal jurisdiction, insufficiency of process, or insufficiency of service of process.
Notes of Decisions
Stone Land & Livestock Co. v. HBE, 309 Neb. 970 (Neb. 2021).
· cites it 7× “Stone Land asserted that the Appearance of Counsel was a voluntary appearance that was “equivalent to service” under Neb. Rev. Stat. § 25-516.01 (1) (Cum. Supp.”
State v. Heather N. (In Re Michael N.), 302 Neb. 652 (Neb. 2019).
· cites it 4× “Having determined that we have jurisdiction to do so, we proceed to review the parents’ challenges of the order overrul- ing the motions to dismiss and the detention order, which are mainly based on the grounds that Heather and Robert were not properly served with process or did…”
Burns v. Burns, 879 N.W.2d 375 (Neb. 2016).
· cites it 3× “8 See, Neb. Rev. Stat. § 25-516.01 (1) (Reissue 2008); Hunt v.”
Friedman v. Friedman, 290 Neb. 973 (Neb. 2015).
· cites it 6× “Section 25-1011(1), of the attachment and garnishment stat- utes, states that the summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for…”
J.S. v. Grand Island Pub. Schs., 297 Neb. 347 (Neb. 2017).
· cites it 4× “After the filing of the petition, the Board filed a voluntary appearance, under Neb. Rev. Stat. § 25-516.01 (Reissue 2016).”
Miller v. Steichen, 682 N.W.2d 702 (Neb. 2004).
· cites it 3× “See Neb. Rev. Stat. § 25-516.01 (Reissue 1995 & Cum.”
Lasu v. Lasu, 28 Neb. Ct. App. 478 (Neb. Ct. App. 2020).
· cites it 2× “See, Neb. Rev. Stat. § 25-516.01 (2)(a) (Reissue 2016) (if defense of lack of jurisdiction over person is asserted either by motion or in responsive pleading and court overrules defense, objection that court erred in its ruling will be waived and not preserved for appellate…”
In Re Interest of Rondell B., 546 N.W.2d 801 (Neb. 1996).
· cites it 4× “Moreover, Neb.Rev.Stat. § 25-516.01 (Reissue 1995) provides that a defendant's "participation in proceedings on any issue other than jurisdiction over the person waives any objection that the court erred in overruling the special appearance except the objection that the…”
Ashby v. State, 779 N.W.2d 343 (Neb. 2010).
· cites it 2× “[64] See Neb.Rev.Stat. § 25-516.01(2) (Reissue 2008).”
In Re Sanitary & Imp. Dist. No. 1, 708 N.W.2d 809 (Neb. 2006).
· cites it 2× “2004), if a defense of “lack of jurisdiction over the person, insufficiency of process, or insufficiency of service of process” is asserted either by motion or in a responsive pleading and the court overrules the defense, an objection that the court erred in its ruling on any…”
Robinson v. NABCO, INC., 641 N.W.2d 401 (Neb. Ct. App. 2002).
· cites it 3× “He stated in his *970 petition that sufficient contacts exist because NABCO marketed, sold, and distributed the alternator in Nebraska.”
— Neb. Rev. Stat. § 25-516.01(1) — 7 cases
Stone Land & Livestock Co. v. HBE, 309 Neb. 970 (Neb. 2021).
“Stone Land asserted that the Appearance of Counsel was a voluntary appearance that was “equivalent to service” under Neb. Rev. Stat. § 25-516.01 (1) (Cum. Supp.”
J.S. v. Grand Island Pub. Schs., 297 Neb. 347 (Neb. 2017).
“After the filing of the petition, the Board filed a voluntary appearance, under Neb. Rev. Stat. § 25-516.01 (Reissue 2016).”
Friedman v. Friedman, 290 Neb. 973 (Neb. 2015).
“Section 25-1011(1), of the attachment and garnishment stat- utes, states that the summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for…”
— Neb. Rev. Stat. § 25-516.01(2) — 8 cases
Friedman v. Friedman, 290 Neb. 973 (Neb. 2015).
“Section 25-1011(1), of the attachment and garnishment stat- utes, states that the summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for…”
Burns v. Burns, 879 N.W.2d 375 (Neb. 2016).
“8 See, Neb. Rev. Stat. § 25-516.01 (1) (Reissue 2008); Hunt v.”
Ashby v. State, 779 N.W.2d 343 (Neb. 2010).
“[64] See Neb.Rev.Stat. § 25-516.01(2) (Reissue 2008).”
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