S-13-0046, William White, et al. (Appellants) v. Marvin Kohout, et al.
Seward County, Judge Alan G. Gless
Attorneys: Thomas R. Wilmoth, David A Jarecke, & Vanessa A. Silke (Blankenau Wilmoth Jarecke LLP) (Appellants) --- Stephen D. Mossman, Patricia L. Vamoy (Mattson, Ricketts, Davies, Stewart & Calkins)
Civil: Attorney fees
Proceedings below: The district court found the appellants filed a frivolous action in bad faith and awarded $16,342.28 in attorney’s fees.
Issues: The district court erred in (1) awarding attorney’s fees and costs as it was precluded under Neb. Rev. Stat. § 25-824(5); (2) awarding attorney’s fees and costs without weighing the factors identified, and making specific findings required under Neb. Rev. Stat. §§ 25-824 and 25-824.01; (3) finding the Appellants’ Complaint was frivolous and filed in bad faith; (4) determining the Appellants had failed to state a claim from the outset rather than determining the properly pled case had been rendered moot during the course of the proceedings.