White v. White

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White v. White

Case Number
S-16-0865
Call Date
March 29, 2017
Court Number
Douglas
Case Summary

S-16-0865, Douglas County, Nebraska (Appellant) v. Elizabeth A. White, James F. White, & James McGough

Douglas County District Court, Judge W. Mark Ashford

Attorneys: Donald W. Kleine & Meghan M. Bothe (County Attorney's Office) (Appellant) ' Jim K. McGough (McGoughLaw P.C., L.L.O.) (GAL)

Civil: GAL fees; jurisdiction

Proceedings Below: The district court ordered Appellant to pay $1,719.87 to the GAL for fees.

Issues: The district court erred in 1) concluding that it had jurisdiction over the issue of McGough's attorney fees in contradiction of Neb. Ct. R. ' 2-109(F) because he failed to file a motion for payment of attorney fees incurred on appeal of this civil matter in the appropriate court within ten days after the release of the opinion or entry of the order disposing of the appeal, and 2) ordering McGough's attorney fees incurred during his unsuccessful defense of White v. White, 293 Neb. 439, 447-450 (2016), to be paid by Douglas County, the prevailing party, without a statutory basis for payment and in direct contradiction to the law of the case.