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White v. Kohout

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Thursday, September 5, 2013

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.

This page was last modified on Thursday, September 5, 2013