State ex rel. Bruning v. Creative Community Promotions

S-18-0321 State ex rel. Douglas Peterson (Appellee) v. Creative Community Promotions, LLC, and Joel Bieschke (Appellants)
Buffalo County District Court, Judges John P. Icenogle and John H. Marsh
Attorneys: Douglas J. Peterson (Attorney General) and James D. Smith (Solicitor General); Siegfried H. Brauer (Brauer Law Office)
Civil: Jurisdiction; Attorney Fees
Proceedings Below: The State brought a complaint against Creative Community Promotions (CCP) under the Consumer Protection Act and the Uniform Deceptive Trade Practice Act. CCP and the State moved for summary judgment. The trial court granted CCP’s motion. The State moved for reconsideration. The court vacated the grant of summary judgment. CCP moved for reconsideration and it was denied. The State voluntarily dismissed the action with prejudice. After dismissal, CCP moved for attorney’s fees. The trial court denied the motion. CCP timely appealed the order on the motion for attorney’s fees.
Issues: CCP assigns, condensed and restated, the trial court erred in 1) vacating its prior grant of summary judgment in favor of CCP; 2) denying CCP’s motion for reconsideration; and 3) denying CCP’s motion for attorney fees.