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IN RE CONTEMPT OF MILLER

No. 81-853.

326 N.W.2d 680 (1982)

212 Neb. 864

In re CONTEMPT OF James P. MILLER. STATE of Nebraska, Appellee, v. James P. MILLER, Appellant.

Supreme Court of Nebraska.

November 24, 1982.

Attorney(s) appearing for the Case

Owen A. Giles, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Royce N. Harper, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C.J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

PER CURIAM.

According to our previous definition of contempt advanced by this court in In re Contempt of Potter, 207 Neb. 769, 301 N.W.2d 560 (1981), a finding must be made that an attorney's failure to appear at a designated time was willful in order to hold him or her in contempt. In the instant case the trial court found that the failure to appear was not willful behavior on the part of...

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