White v. White, 296 Neb. 772

Elizabeth White filed for dissolution; the district court appointed James McGough as attorney for the minor children and later ordered the spouses each to pay McGough fees; White did not pay.
White’s debt to McGough was later discharged in bankruptcy; McGough then sought a finding that White was indigent so Douglas County would be ordered to pay under Neb. Rev. Stat. § 42-358(1).
The district court found White indigent and ordered Douglas County to reimburse McGough; Douglas County appealed to the Nebraska Supreme Court.
The Nebraska Supreme Court reversed, holding the district court abused its discretion in finding White indigent and vacated the county payment order in White v. White.
After mandate, McGough moved the district court for $1,719.87 in attorney fees for time spent defending Douglas County’s appeal; the district court ordered Douglas County to pay those appellate fees.
Douglas County appealed that order; the Supreme Court reversed, holding no statute authorized county payment of appointed counsel’s appellate fees where no responsible party is indigent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court could order Douglas County to pay McGough’s appellate fees	McGough: fees for defending the appeal are recoverable and tied to his court appointment; § 2-109(F) permits applying to appointing court post-mandate	Douglas County: no statutory authority to expend public funds here; § 42-358(1) authorizes county payment only if responsible party is indigent; court lacked power	Reversed: no statute permits county payment of appointed counsel’s fees in dissolution when no responsible party is indigent; district court erred

Mathews v. Mathews, 267 Neb. 604 (statutory interpretation reviewed de novo)
Wetovick v. County of Nance, 279 Neb. 773 (attorney fees recoverable only when statute or uniform procedure allows)
State v. Joubert, 246 Neb. 287 (courts may award fees for vexatious or bad-faith litigation conduct)
State Farm Mut. Auto. Ins. Co. v. Royal Ins. Co., 222 Neb. 13 (inherent power to award fees in extraordinary circumstances)
Garza v. Garza, 288 Neb. 213 (uniform procedure exists for awarding attorney fees in dissolution cases)
Guenzel-Handlos v. County of Lancaster, 265 Neb. 125 (county powers strictly construed; public expenditures for defense matters are for Legislature)
Kovarik v. County of Banner, 192 Neb. 816 (judiciary may order county to pay fees in fundamental criminal indigency contexts)
White v. White, 293 Neb. 439 (prior reversal: district court abused discretion in finding White indigent)