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MITCHELL v. FRENCH

No. S-02-738.

676 N.W.2d 361 (2004)

267 Neb. 656

Thomas S. MITCHELL, Jr., Appellee, v. Nikki A. FRENCH, appellee, and County of Douglas, Nebraska, appellant.

Supreme Court of Nebraska.

March 26, 2004.

Attorney(s) appearing for the Case

James S. Jansen, Douglas County Attorney, and Bernard J. Monbouquette for appellant.

Thomas K. Harmon, of Respeliers & Harmon, P.C., Omaha, for guardian ad litem.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

The issue presented in this case is whether the district court erred under Neb.Rev.Stat. § 42-358(1) (Cum.Supp.2002) when it ordered Douglas County to pay a portion of the guardian ad litem fees on behalf of one of the parties to the action without finding that the party was indigent. We hold that it was error and reverse, and remand with directions.

BACKGROUND

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