Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Patera v. Patera

Court of Appeals of Nebraska

January 3, 2017

David Patera, Appellant and Cross-Appellee,
v.
Jaime Patera, Appellee and Cross-Appellant.

         1. Contempt: Appeal and Error. In a civil contempt proceeding where a party seeks remedial relief for an alleged violation of a court order, an appellate court employs a three-part standard of review in which the trial court's (1) resolution of issues of law is reviewed de novo, (2) factual findings are reviewed for clear error, and (3) determinations of whether a party is in contempt and of the sanction to be imposed are reviewed for abuse of discretion.

         2. Attorney Fees: Appeal and Error. When an attorney fee is authorized, the amount of the fee is addressed to the trial court's discretion, and its ruling will not be disturbed on appeal absent an abuse of discretion.

         3. Contempt. Civil contempt proceedings are instituted to preserve and enforce the rights of private parties to a suit when a party fails to comply with a court order made for the benefit of the opposing party.

         4. Contempt: Words and Phrases. Willful disobedience is an essential element of contempt; "willful" means the violation was committed intentionally, with knowledge that the act violated the court order.

         5. Contempt: Proof: Presumptions. Outside of statutory procedures imposing a different standard or an evidentiary presumption, the complainant in a civil contempt proceeding must prove all elements of contempt by clear and convincing evidence.

         6. Contempt: Appeal and Error. An appellate court's review of a district court's finding of contempt is only for an abuse of discretion, not to determine whether the appellate court would have reached the same conclusion based on the facts presented.

         7. Contempt: Costs: Attorney Fees. Costs, including reasonable attorney fees, can be awarded in a contempt proceeding.

         Appeal from the District Court for Lancaster County: Andrew R. Jacobsen, Judge. Affirmed.

         [24 Neb.App. 426] Amie C. Martinez, of Anderson, Creager & Wittstruck, PC, L.L.O., for appellant.

          Steven J. Flodman, of Johnson, Flodman, Guenzel & Widger, for appellee.

          Inbody and Pirtle, Judges, and McCormack, Retired Justice.

          McCormack, Retired Justice.

         I. INTRODUCTION

         David Patera appeals from the order of the district court holding Jaime Patera in contempt for failing to follow the court-ordered parenting plan and allowing Jaime to purge the contempt by permitting David to spend an additional 7 days of parenting time with the couple's daughter, Karissa Patera. David argues that the purge order should have required Jaime to let David spend time with both of the parties' children, not just Karissa, and that the district court should have awarded David additional parenting time. David also argues that the district court erred in failing to order Jaime to pay the full amount of his attorney fees.

         Jaime cross-appeals, arguing that the district court erred in finding her in contempt, because David gave her ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.