PEPITONE v. WINN

No. S-05-527.

722 N.W.2d 710 (2006)

272 Neb. 443

Joseph PEPITONE and Elizabeth Pepitone, appellants v. Katherine S. WINN and Peter D. Winn, appellees.

Supreme Court of Nebraska.

October 20, 2006.


Attorney(s) appearing for the Case

James Polack, P.C., L.L.O., Omaha, for appellants.

Kristina B. Murphree, of Berkshire & Blunk, Omaha, for appellees.

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


McCORMACK, J.

NATURE OF CASE

The issue in this case is whether attorney fees are mandatory under the provision of Neb.Rev.Stat. § 76-2,120(12) (Cum. Supp. 2004) which provides in part: "If a conveyance of real property is not made in compliance with this section, the purchaser shall have a cause of action against the seller and may recover the actual damages, court costs, and reasonable attorney's fees."

BACKGROUND

Joseph Pepitone...

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