Gerber v. P & L Finance Co.

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The Supreme Court reversed the order of the Court of Appeals denying Paul Gerber’s motion seeking to recover attorney fees from P & L Finance Co., Inc., holding that, while the pleading was styled as a “Motion for Attorney Fees,” Gerber’s request for attorney fees was, in substance, an application under Neb. Rev. Stat. 21-2,114 for an order of indemnification from P & L. In his filing, Gerber sought an order requiring P & L to indemnify him for attorney fees he incurred in the appeal of a case where he was made a party because he was a director of P & L. In denying the request, the Court of Appeals stated that there was no course of practice in the appellate courts that recognizes the recovery of attorney fees from a non-adverse party. The Supreme Court remanded the matter to the Court of Appeals with directions to consider Gerber’s filing consistent with section 21-2,114 as an application for an order of indemnification against P & L, holding that the appellate court should have considered the filing as an application for indemnification. View "Gerber v. P & L Finance Co." on Justia Law