A-14-0833 Gary Labenz and Sandra Labenz (Appellants) v. Linda Labenz et al.
Platte County, Judge Robert R. Steinke
Attorneys: George H. Moyer, Jr. (Moyer & Moyer) (Appellants) --- Mark M. Sipple (Sipple Hansen Emerson Schumacher & Klutman)
Civil: Equity action to partition real estate; motion to confirm sale; motion for distribution
Proceedings below: The trial court accepted the parties' joint stipulation that agreed to sell the real estate at public auction. The court found Appellees were entitled to partial summary judgment on the issue of attorney fees. The court awarded Appellants' attorney $5,224 in fees, limited to the legal work performed pursuant to the stipulation. Appellants filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: l. The trial court erred by concluding that an attorney's fee could not be awarded to plaintiffs' attorney in equity. 2. The trial court erred by concluding that no attorney's fee could be awarded to plaintiffs' attorney for the conduct of the litigation because the statutory predicate to section 25-21,108 R.R.S. had not been fulfilled. 3. The trial court erred by limiting the award of attorney's fees to those services described in paragraph 5 of the parties' stipulation. 4. The trial court erred by awarding$5,224.00 to plaintiff s as an attorney fee where the record clearly showed that plaintiff s attorney had earned more than three times that amount calculated on an hourly basis.