Opinion
No. 88-574.
Filed May 18, 1990.
Appeal from the District Court for Saline County, ORVILLE L. COADY, Judge, upon the recommendation of the Appellate Division of the District Court, RIST, BARTU, and GARDEN District Judges. Affirmed as modified.
Chris Horacek, of Hroch, Schelstraete Horacek, for appellant.
Michael E. Willet, of Everson, Wullschleger, Sutter, Korslund Willet, for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Upon consideration of the briefs and the recommendation of the Appellate Division of the District Court, and upon a de novo review of the record, we find that the trial court abused its discretion in awarding appellant an attorney fee, and, accordingly, the judgment is modified to exclude the award of an attorney fee to the appellant, and, as so modified, the judgment is affirmed.
AFFIRMED AS MODIFIED.