Klingelhoefer v. Monif
286 Neb. 675
| Neb. | 2013Background
- David Klingelhoefer, as trustee of the Constance K. Klingelhoefer Revocable Trust and manager of Constance Klingelhoefer LLC, sued for declaratory relief and accounting.
- Beneficiaries sought declarations and an accounting; the district court found in David's favor on declaratory facts and heard the accounting trial.
- Court of Appeals affirmed in an unpublished memorandum; mandate instructed district court to enter judgment in conformity with the appellate opinion without delay.
- After the mandate, David moved for costs, expenses, postjudgment interest, and attorney fees against the beneficiaries, citing §§ 25-1705 et seq., 25-1914 to 25-1918, and 30-3893.
- The district court awarded postjudgment interest, costs, and attorney fees to David; beneficiaries appealed.
- The Nebraska Supreme Court vacated the district court’s order, holding the district court lacked jurisdiction to award costs, expenses, and attorney fees post-mandate and addressing frivolousness under § 25-824.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the district court’s post-mandate award within the mandate scope? | Klingelhoefer argues mandate allowed post-mandate fees. | Monif contends mandate foreclosed further relief beyond conformity. | Not within scope; district court lacked jurisdiction. |
| Whether the motion for costs and fees was frivolous under § 25-824. | Klingelhoefer contends fees were warranted; motion not frivolous. | Monif argues no frivolousness; but the court should not sanction. | The motion was not frivolous; no appellate sanction awarded. |
| Should the district court have followed the mandate and avoided any modification beyond conformity? | Klingelhoefer asserts conformity to appellate judgment mandates district court action. | Monif contends district court could address ancillary relief. | District court must conform; no further relief allowed. |
Key Cases Cited
- Gabel v. Polk Cty. Bd. of Cts., 269 Neb. 714 (2005) (mandate limits actions to conformity with appellate judgment)
- Pennfield Oil Co. v. Winstrom, 276 Neb. 123 (2008) (appellate mandate binding on trial court)
- VanHorn v. Nebraska State Racing Comm., 273 Neb. 737 (2007) (scope of postmandate relief restricted)
- Custom Fabricators v. Lenarduzzi, 259 Neb. 453 (2000) (mandate issues and post-judgment proceedings)
- Pursley v. Pursley, 261 Neb. 478 (2001) (frivolous-claim standards in sanctions context)
- State v. Shelly, 279 Neb. 728 (2010) (sanctions and failure-to-sanction standards discussed)