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
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
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.
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
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
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.
Contempt: Costs: Attorney Fees. Costs,
including reasonable attorney fees, can be awarded in a
from the District Court for Lancaster County: Andrew R.
Jacobsen, Judge. Affirmed.
Neb.App. 426] Amie C. Martinez, of Anderson, Creager &
Wittstruck, PC, L.L.O., for appellant.
J. Flodman, of Johnson, Flodman, Guenzel & Widger, for
and Pirtle, Judges, and McCormack, Retired Justice.
McCormack, Retired Justice.
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
cross-appeals, arguing that the district court erred in
finding her in contempt, because David gave her ...