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Nebraska Supreme Court Advance S

301 Nebraska Report

THOMAS GRADY PHOTOGRAPHY v. AMAZING VAPOR

Cite as 301 Neb. 929

Thomas Grady Photography, Inc., appel

v. Amazing Vapor, Ltd., et al., appel

and Thomas J. Anderson, appe

___ N.W.2d ___

Filed December 21, 2018. No. S-17-818.

supplemental op

Appeal from the District Court for Douglas County, Gregor

M. Schatz, Judge, on appeal thereto from the County Court f

Douglas County, Stephanie R. Hansen, Judge. Supple

opinion: Motion of appellee for attorney fees sustained.

Thomas J. Anderson, P.C., L.L.O., pro se.

Justin A. Roberts, of Lustgarten & Roberts, P.C., L.L.O., for 

appellee Thomas Grady Photography, Inc.

Heavican, C.J., Miller-Lerman, Cassel, Sta

Papik, and Freudenberg,

Per Curia

Appellee, Thomas Grady Photography, Inc. (Grady 

Photography), has moved under Neb. Ct. R. App. P. § 2-106 

(rev. 2012) for attorney fees associated with the unsuccessful 

appeal to this court by appellant, Thomas J. Anderson. An affidavit and itemized legal bill claims $6,866 in attorney fees for 

work performed by Grady Photography’s attorney in connection with this appeal. Because Grady Photography is entitled 

to appellate attorney fees under Neb. Rev. Stat. § 25-1801 

Nebraska Supreme Court Online Library

www.nebraska.gov/apps-courts-epub/

01/04/2019 01:07 AM CST
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Nebraska Supreme Court Advance S

301 Nebraska Report

THOMAS GRADY PHOTOGRAPHY v. AMAZING VAPOR

Cite as 301 Neb. 929

(Reissue 2016), as amended by 2018 Neb. Laws, L.B. 710, we 

award Grady Photography $6,866.

As recited more fully in our opinion Thomas Grady 

Photography v. Amazing Vapor, ante p. 401, 918 N.W.2d 853 

(2018), Grady Photography was hired to perform photography services related to the products of Amazing Vapor, Ltd. 

Amazing Vapor, Manuel Guillermo Calderon, and Anderson 

refused to pay for the services. The unpaid bill for photography services rendered totaled $2,400. The county court at trial 

and the district court on appeal essentially found that Anderson 

breached the oral contracts for Grady Photography’s services. 

We affirmed. Id.

As a general rule, attorney fees and expenses are recoverable only where provided for by statute or when a recognized 

and accepted uniform course of procedure has been to allow 

recovery of attorney fees. In re Estate of Graham, ante p. 

594, 919 N.W.2d 714 (2018). Section 25-1801 applies to this 

case where there has been an unpaid claim for payment for 

photography services of $2,400. Section 25-1801, as amended, 

provides in part:

(1) On any lawsuit of four thousand dollars or less, 

regardless of whether the claims are liquidated or 

assigned, the plaintiff may recover costs, interest, and 

attorney’s fees in connection with each claim as provided 

in this section. If, at the expiration of ninety days after 

each claim accrued, the claim or claims have not been 

paid or satisfied, the plaintiff may file a lawsuit for payment of the claim or claims. If full payment of each claim 

is made to the plaintiff by or on behalf of the defendant 

after the filing of the lawsuit, but before judgment is 

taken, except as otherwise agreed in writing by the plaintiff, the plaintiff shall be entitled to receive the costs of 

the lawsuit whether by voluntary payment or judgment. 

If the plaintiff secures a judgment thereon, the plaintiff 

shall be entitled to recover:
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Nebraska Supreme Court Advance S

301 Nebraska Report

THOMAS GRADY PHOTOGRAPHY v. AMAZING VAPOR

Cite as 301 Neb. 929

(a) The full amount of such judgment and all costs of 

the lawsuit thereon;

(b) Interest at the rate of six percent per annum. Such 

interest shall apply to the amount of the total claim beginning thirty days after the date each claim accrued, regardless of assignment, until paid in full; and

(c) If the plaintiff has an attorney retained, employed, 

or otherwise working in connection with the case, an 

amount for attorney’s fees as provided in this section.

(2) If the cause is taken to an appellate court and the 

plaintiff recovers a judgment thereon, the appellate court 

shall tax as costs in the action, to be paid to the plaintiff, 

an additional amount for attorney’s fees in such appellate 

court as provided in this section, except that if the plaintiff fails to recover a judgment in excess of the amount 

that may have been tendered by the defendant, then the 

plaintiff shall not recover the attorney’s fees provided by 

this section.

(3) Attorney’s fees shall be assessed by the court in 

a reasonable amount, but shall in no event be less than 

ten dollars when the judgment is fifty dollars or less, and 

when the judgment is over fifty dollars up to four thousand dollars, the attorney’s fee shall be ten dollars plus 

ten percent of the judgment in excess of fifty dollars.

(4) For purposes of this section, the date that each 

claim accrued means the date the services, goods, materials, labor, or money were provided, or the date the 

charges were incurred by the debtor, unless some different 

time period is expressly set forth in a written agreement 

between the parties.

(Emphasis supplied.)

We have described the foregoing section as follows:

[This] section provides that a claimant with a claim 

amounting to less than $4,000 for, among other things, 

services rendered, may present that claim to the allegedly 
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Nebraska Supreme Court Advance S

301 Nebraska Report

THOMAS GRADY PHOTOGRAPHY v. AMAZING VAPOR

Cite as 301 Neb. 929

liable party and then, if the claim is not paid within 90 

days, sue for the amount of the original claim and additional costs, interest, and attorney fees.

Thomas & Thomas Court Reporters v. Switzer, 283 Neb. 19, 

29, 810 N.W.2d 677, 686 (2012).

Given the terms of § 25-1801 and the facts of this case, we 

determine that the appellate attorney fees incurred by Grady 

Photography of $6,866 are reasonable. This court sustains 

Grady Photography’s motion and awards Grady Photography 

attorney fees of $6,866 to be paid by Anderson.

 Motion of appell

attorney fees sustai