Bramble v. Bramble, 929 N.W.2d 484

After dissolution, the amended decree awarded the marital home to James and required Lori to vacate and not remove fixtures; Lori was to execute a quitclaim deed and James to refinance and pay Lori equity.
James filed an application for an order to show cause alleging Lori removed fixtures and appliances in violation of the decree; the court found Lori in willful contempt on January 13, 2017, and set a purge plan (payment and attorney fees) but no immediate sanction.
Lori appealed; the Nebraska Court of Appeals dismissed that appeal as premature because a contempt finding without an imposed sanction was not appealable.
On remand, the district court held a sentencing hearing June 11, 2018, imposed a 10-day jail sentence but allowed Lori to purge by paying $5,073 by June 14, 2018.
Lori paid the purge amount (including a previously posted $5,000 bond), the clerk disbursed $5,073 to James, and Lori then filed a second appeal seeking to overturn the contempt finding.
James moved to dismiss the second appeal as moot; the Nebraska Supreme Court moved the case to its docket and addressed whether Lori’s voluntary compliance rendered the appeal moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appeal from civil contempt finding is moot after contemnor fully complies with purge order	Lori: she retains a legally cognizable interest in overturning the contempt finding (possible future consequences)	James: Lori’s voluntary and complete compliance purged contempt, leaving no live controversy, so appeal is moot	Appeal is moot; voluntary full compliance purges civil contempt and removes justiciable interest
Whether public-interest exception to mootness applies	Lori: even if moot, public-interest exception should permit review	James: dispute is private and specific; exception inapplicable	Exception inapplicable; issues are private and unlikely to recur
Whether contempt finding without immediate sanction was appealable earlier	Lori: earlier appeal challenged contempt, purge plan, and fees	James: earlier appeal was premature because no sanction had yet been imposed	Court of Appeals correctly dismissed earlier appeal as not from a final, appealable order
Whether Lori had to seek a stay rather than purge to preserve appellate review	Lori: (implicitly) chose to purge instead of seeking stay	James: contemnor could have sought stay; choosing to purge removes controversy	Court noted contemnor has choice: seek stay to preserve appeal or purge and render appeal moot

Smeal Fire Apparatus Co. v. Kreikemeier, 279 Neb. 661 (recognizing appeal from final contempt order whether labeled civil or criminal)
McFarland v. State, 165 Neb. 487 (contempt appeal moot where contemnor purged contempt by complying)
Clement v. Clement, 295 Minn. 569 (civil contempt appeal dismissed as moot after contemnor paid purge amount)