S-16-1086 Wallace R. McCullough v. Michelle A. McCullough
S-16-1187 Wallace R. McCullough v. Michelle A. McCullough
S-17-0037 Wallace R. McCullough v. Michelle A. McCullough
(Consolidated appeals)
District Court of Sarpy County, Hon. Daniel E. Bryan, Jr.
Attorneys: Appellant: William D. Gilner--- Appellee: Edith T. Peebles, Tosha Rae D. Heavican (Brodkey, Peebles, Belmont, & Line LLP)
Civil: Domestic; contempt; dissolution
Proceedings Below: The Appellant, Wallace McCullough, was found by the court to be in contempt of the court’s order. Enforcement was not stayed by his appeal of the contempt order because he did not post a supersedeas bond. Wallace appeals the amount of the supersedeas bond set by the court.
Issues in 16-1086 and 17-0037: 1. The Court’s Order of Contempt was an abuse of discretion where a modification action was on file. 2. The Court’s Order of Contempt was an abuse of discretion where the judgment was dormant and had not been revived. 3. The Court’s award of attorney fees was an abuse of discretion where the Plaintiff was not in willful contempt.
Issues in 16-1187: Whether the district court abused its discretion in setting the supersedeas bond to stay enforcement of the court’s contempt order at $45,000, in violation of Neb. Rev. Stat. § 25-1916.