State ex rel. Peterson v. Creative Community Promotions, LLCAnnotate this Case
The Supreme Court affirmed in part the district court's denial of Defendants’ request for attorney fees and dismissed in part Defendants’ appeal from orders vacating summary judgment in favor of Defendants and overruling Defendants’ subsequent motion for summary judgment, holding that Defendants did not qualify as prevailing parties and that this Court lacked jurisdiction to review the summary judgment orders.
The State brought claims against Defendants under Nebraska’s Consumer Protection Act, Neb. Rev. Sat. 59-1601 et seq., and the Uniform Deceptive Trade Practices Act, Neb. Rev. Stat. 87-301 et seq. The district court entered summary judgment in favor of Defendants and then later vacated its order of summary judgment. Defendants moved again for summary judgment, which the district court denied. After years of litigation, the State voluntarily dismissed the claims. The district court denied Defendants’ request for attorney fees, finding that the State’s voluntary dismissal did not make Defendants prevailing parties or purposes of section 59-1608(1). The Supreme Court affirmed in part and dismissed in part, holding that this Court lacked jurisdiction to review Defendants’ claim that the district court’s summary judgment orders were erroneous and that the district court did not err in denying Defendants’ motion for attorney fees.