White v. White, 896 N.W.2d 600

Elizabeth A. White filed for dissolution; the district court appointed James McGough as attorney for the minor children and later awarded him fees against both spouses.
White did not pay; after bankruptcy discharged her debts, the district court found White indigent and ordered Douglas County to pay McGough under Neb. Rev. Stat. § 42-358(1).
Douglas County intervened and appealed; the Nebraska Supreme Court reversed, holding White was not indigent and the county should not have been ordered to pay.
After mandate, McGough sought $1,719.87 from the district court for fees incurred defending Douglas County’s appeal; the district court ordered the county to pay, relying on Neb. Ct. R. App. P. § 2-109(F).
Douglas County appealed the postmandate order, arguing (1) McGough failed to follow § 2-109(F) procedures, (2) no statute authorizes county payment of such appellate fees when no party is indigent, and (3) the award violated the law of the case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court could order county to reimburse appointed attorney for fees defending county’s appeal	McGough: fees were for services tied to his appointment and § 2-109(F) permits application for appellate fees to appointing court	Douglas County: no statute authorizes public payment when no responsible party is indigent; § 2-109(F) governs criminal appointments and procedural timing	Reversed: no statutory authority to charge county for appointed counsel’s appellate fees where no responsible party is indigent; award vacated

Mathews v. Mathews, 267 Neb. 604 (statutory interpretation and de novo review of legal questions)
Wetovick v. County of Nance, 279 Neb. 773 (party may recover fees only when statute or uniform procedure permits)
Guenzel-Handlos v. County of Lancaster, 265 Neb. 125 (expenditures of public funds by county are matters for the Legislature)
Kovarik v. County of Banner, 192 Neb. 816 (judicial inherent authority to require county payment of counsel in fundamental criminal matters)
White v. White, 293 Neb. 439 (prior decision reversing district court’s indigency finding and county fee order)