Leners v. Leners


Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 04/19/2019 08:05 AM CDT - 904 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports LENERS v. LENERS Cite as 302 Neb. 904 Sharon B. Leners, appellant, v. Stacy M. Leners, appellee. ___ N.W.2d ___ Filed April 19, 2019. No. S-18-072. 1. Divorce: Child Custody: Child Support: Property Division: Alimony: Attorney Fees: Appeal and Error. In a marital dissolution action, an appellate court reviews the case de novo on the record to determine whether there has been an abuse of discretion by the trial judge. This standard of review applies to the trial court’s determinations regarding custody, child support, division of property, alimony, and attorney fees. 2. Statutes: Appeal and Error. Statutory interpretation is a question of law, which an appellate court resolves independently of the trial court. 3. Divorce: Property Division: Pensions. In dissolution proceedings, the trial court has broad discretion in valuing and dividing pension rights between the parties. 4. Child Custody. While the wishes of a child are not controlling in the determination of custody, if a child is of sufficient age and has expressed an intelligent preference, the child’s preference is entitled to consideration. 5. Evidence: Appeal and Error. In a review de novo on the record, an appellate court reappraises the evidence as presented by the record and reaches its own independent conclusions with respect to the matters at issue. 6. Judges: Words and Phrases. A judicial abuse of discretion exists if the reasons or rulings of a trial judge are clearly untenable, unfairly depriv- ing a litigant of a substantial right and denying just results in matters submitted for disposition. 7. Courts: Attorney Fees. Courts have the inherent power to award attor- ney fees in certain unusual circumstances amounting to conduct during the course of litigation which is vexatious, unfounded, and dilatory, such that it amounts to bad faith. - 905 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports LENERS v. LENERS Cite as 302 Neb. 904 Appeal from the District Court for Gage County: Ricky A. Schreiner, Judge. Affirmed. Philip B. Katz and Steven J. Riekes, of Marks, Clare & Richards, L.L.C., for appellant. Megan M. Zobel, of Anderson, Creager & Wittstruck, P.C., L.L.O., for appellee. Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ. Cassel, J. INTRODUCTION Sharon B. Leners appeals from a decree dissolving her mar- riage to Stacy M. Leners. Although the district court may have overstated Sharon’s entitlement to a divorced spouse annuity in connection with Stacy’s railroad pension, it did not abuse its discretion in awarding Stacy his entire pension in equita- bly dividing the marital estate. Having reviewed the record de novo, we cannot say that the court’s determinations regarding custody, parenting time, child expenses, and attorney fees were untenable. We affirm the decree. BACKGROUND The parties married in 1997. In 2016, Sharon filed a com- plaint to dissolve the marriage. At that time, the parties had two minor children, one born in 1998 and ...

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