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State on behalf of Keegan M. v. Joshua M.

Court of Appeals of Nebraska

July 30, 2013

State of Nebraska on behalf of Keegan M., a minor child, appellee,
v.
Joshua M., defendant and third-party plaintiff, appellee, and Amy B., third-party defendant, appellant.

Appeal from the District Court for Douglas County: PETER C. BATAILLON, Judge. Supplemental opinion: Motion for attorney fees denied.

Justin A. Quinn and Casey J. Quinn for appellant.

Karen S. Nelson, of Schirber & Wagner, L.L.P., for appellee Joshua M.

Irwin, Pirtle, and Riedmann, Judges.

Syllabus by the Court

1. Attorney Fees: Time: Appeal and Error. Pursuant to Neb. Ct. R.App. P. § 2-109(F) (rev.2012), a motion for attorney fees must be filed within 10 days of either (1) the release of the court's opinion or (2) the entry of the order of the court disposing of the appeal.

2. Attorney Fees: Appeal and Error. An order denying a petition for further review is not an order of the court finally disposing of an appeal as contemplated in Neb. Ct. R.App. P. § 2-109(F) (rev.2012).

Page 2

SUPPLEMENTAL OPINION ON ISSUE OF MOTION FOR ATTORNEY FEES

Riedmann, Judge.

INTRODUCTION

This matter is before the court on Joshua M.'s motion for attorney fees. Motions for attorney fees filed pursuant to Neb. Ct. R.App. P. § 2-109(F) (rev.2012) are typically disposed of with a minute entry. A minute entry is not appropriate here, because Joshua's motion involves an issue not previously reported in our case law. The new issue presented that we must answer is whether a motion for attorney fees is timely when it is not filed within 10 days after the release of an opinion, but is filed within 10 days of the Nebraska Supreme Court's denial of a petition for further review.

[21 Neb.App. 72] Without reaching the merits of whether attorney fees are proper in a case of this nature, we deny Joshua's motion as untimely.

FACTUAL BACKGROUND

This case began as a paternity action that the State initiated, and it ended with Joshua's requesting, and being awarded, custody of the minor child. The child's mother, Amy B., appealed the trial court's order awarding Joshua custody. We affirmed the trial court's order on December 11, 2012. See State on behalf of Keegan M. v. Joshua M.,20 Neb.App. 411, 824 N.W.2d 383 (2012). Amy filed a petition for further review on January 9, ...


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