S-13-0171, Victoria Wisniewski (Appellant) v. Heartland Towing, Inc. v. Christopher Hawes
Douglas County, Hon. W. Mark Ashford
Attorneys: Robert S. Sherrets---Christopher P. Welsh
Civil: Attorney Fee Award in Personal Injury Case
Proceedings below: After a judgment was entered in Victoria Wisniewski’s favor in this personal injury case, the district court granted her attorney’s motion to pay attorney fees and costs from the judgment that had been deposited with the court.
Issues: Whether the district court had jurisdiction to consider the attorney’s motion for attorney fees when the attorney was not a party to the underlying action; whether the court denied Wisniewski due process when it did not allow her to conduct discovery or present evidence countering the motion; whether the court erred in determining that the attorney was entitled to fees despite Wisniewski’s allegations of malpractice.