Lomack v. Kohl-Watts

Irwin, Judge.

I. INTRODUCTION

Rosemarie Lomack appeals an order of the district court for Lancaster County, Nebraska, which affirmed an order of the county court denying Lomack’s request for attorney fees in an action brought pursuant to Neb. Rev. Stat. § 76-1416 (Reissue 2003) against Lomack’s landlord, Lela Kohl-Watts. The county court awarded a return of Lomack’s security deposit, but denied Lomack’s request for attorney fees. On appeal, the district court determined that in an action for the return of security deposit, an award of attorney fees is discretionary; the district court then…