from the District Court for Douglas County, Gregory M.
Schatz, Judge, on appeal thereto from the County Court for
Douglas County, Stephanie R. Hansen, Judge. Supplemental
opinion: Motion of appellee for attorney fees sustained.
J. Anderson, PC, L.L.O., pro se.
A. Roberts, of Lustgarten & Roberts, P.C., L.L.O., for
appellee Thomas Grady Photography, Inc.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
Thomas Grady Photography, Inc. (Grady Photography), has moved
under Neb. Ct. R. App. P. § 2-106 (rev. 2012) for
attorney fees associated with the unsuccessful appeal to this
court by appellant, Thomas J. Anderson. An affidavit and
itemized legal bill claims $6, 866 in attorney fees for work
performed by Grady Photography's attorney in connection
with this appeal. Because Grady Photography is entitled to
appellate attorney fees under Neb. Rev. Stat. § 25-1801
[301 Neb. 930] (Reissue 2016), as amended by 2018 Neb. Laws,
L.B. 710, we award Grady Photography $6, 866.
recited more fully in our opinion Thomas Grady
Photography v. Amazing Vapor, ante p. 401, 918 N.W.2d
853 (2018), Grady Photography was hired to perform
photography services related to the products of Amazing
Vapor, Ltd. Amazing Vapor, Manuel Guillermo Calderon, and
Anderson refused to pay for the services. The unpaid bill for
photography services rendered totaled $2, 400. The county
court at trial and the district court on appeal essentially
found that Anderson breached the oral contracts for Grady
Photography's services. We affirmed. Id.
general rule, attorney fees and expenses are recoverable only
where provided for by statute or when a recognized and
accepted uniform course of procedure has been to allow
recovery of attorney fees. In re Estate of Graham,
ante p. 594, 919 N.W.2d 714 (2018). Section 25-1801
applies to this case where there has been an unpaid claim for
payment for photography services of $2, 400. Section 25-1801,
as amended, provides in part:
(1) On any lawsuit of four thousand dollars or less,
regardless of whether the claims are liquidated or assigned,
the plaintiff may recover costs, interest, and
attorney's fees in connection with each claim as provided
in this section. If, at the expiration of ninety days
after each claim accrued, the claim or claims have not been
paid or satisfied, the plaintiff may file a lawsuit for
payment of the claim or claims. If full payment of each claim
is made to the plaintiff by or on behalf of the defendant
after the filing of the lawsuit, but before judgment is
taken, except as otherwise agreed in writing by the
plaintiff, the plaintiff shall be entitled to receive the
costs of the lawsuit whether by voluntary payment or
judgment. If the plaintiff secures a judgment thereon, the
plaintiff shall be entitled to recover:
[301 Neb. 931] (a) The full amount of such judgment and all
costs of the lawsuit thereon; (b) Interest at the rate of six
percent per annum. Such interest shall apply to the amount of
the total claim beginning thirty days after the date each
claim accrued, regardless of assignment, until paid in full;
(c) If the plaintiff has an attorney retained, employed, or
otherwise working in connection with the case, an amount for
attorney's fees as provided in this section.
(2) If the cause is taken to an appellate court and the
plaintiff recovers a judgment thereon, the appellate court
shall tax as costs in the action, to be paid to the
plaintiff, an additional amount for attorney's fees in
such appellate court as provided in this section, except
that if the plaintiff fails to recover a judgment in excess
of the amount that may have been tendered by the defendant,
then the plaintiff shall not recover the attorney's fees
provided by this section.
(3) Attorney s fees shall be assessed by the court in a
reasonable amount, but shall in no event be less than ten
dollars when the judgment is fifty dollars or less, and when
the judgment is over fifty dollars up to four thousand
dollars, the attorney s fee shall be ten dollars plus ten
percent of the judgment in excess of fifty dollars.
(4) For purposes of this section, the date that each claim
accrued means the date the services, goods, materials, labor,
or money were provided, or the date the charges were incurred
by the debtor, unless some different time period is ...