State v. Ash

Nebraska Advance Sheets STATE v. ASH 681 Cite as

286 Neb. 681

Here, David’s motion was without merit because the district court lacked jurisdiction. But, the fact that the district court granted David’s motion indicates that such a legal position should not be deemed frivolous. We conclude that the motion was not brought in bad faith. We decline to award attorney fees on appeal to the beneficiaries on the ground that the motion was frivolous. CONCLUSION For the reasons discussed, we vacate the district court’s order granting David costs, expenses, and attorney fees and deny the beneficiaries’…