Sprunk v. Ditter

I concur with the majority opinion except for the conclusion that it would be inequitable to enforce the sanctions imposed upon the defendants.

Imposition of sanctions by a trial court after a contempt adjudication is an exercise of discretion that is reviewable only for an abuse of discretion. 17 C.J.S. Contempt § 124(5) (1963). In the case of Smolczyk v. Gaston, 147 Neb. 681, 686, 24 N.W.2d 862, 865-66 (1946), this court stated: “The trial court had the parties before him and had a better opportunity to judge the degree of willfulness and contumaciousness of the contempt than does this…