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STATE EX REL. FirsTIER BANK v. MULLEN

No. S-95-130.

534 N.W.2d 575 (1995)

248 Neb. 384

STATE of Nebraska ex rel. FirsTIER BANK, N.A., OMAHA, Relator, v. Honorable J. Patrick MULLEN, Judge of the District Court for Douglas County, Nebraska, Respondent.

Supreme Court of Nebraska.

July 14, 1995.

Attorney(s) appearing for the Case

Richard L. Anderson and Robert S. Lannin, of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, P.C., Omaha, and Louis A. Huber III and Daniel R. Young, of Smith, Gill, Fisher & Butts, P.C., Kansas City, for relator.

Patrick H. Barth, of Law Offices of Patrick H. Barth, New York City, and J. Michael Coffey, Omaha, for amici curiae Samuel C. Carroll et al.

David S. Houghton and T. Geoffrey Lieben, of Lieben, Dahlk, Whitted, Houghton, Slowiaczek & Jahn, P.C., Omaha, for amicus curiae Lieben Dahlk.

CAPORALE, FAHRNBRUCH, WRIGHT, and CONNOLLY, JJ., and WITTHOFF, District Judge, BOSLAUGH, J., Retired, RONIN, District Judge, Retired.

PER CURIAM.

In its petition for a peremptory writ of mandamus, the relator, FirsTier Bank, N.A. (FirsTier), asks this court to require a district court judge to compel disclosure of a fee agreement between the law firm of Lieben, Dahlk, Whitted, Houghton and Jahn, P.C. (Lieben Dahlk), and its successor counsel, Patrick H. Barth and J. Michael Coffey.

FirsTier claims the district judge's refusal to require disclosure of the fee agreement is inconsistent with...

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