Winter v. Department of Motor Vehicles

In Winter v. Department of Motor Vehicles, 257 Neb. 28, 35, 594 N.W.2d 642, 647 (1999), the Nebraska Supreme Court reiterated the considerations from Schirber and Koehler and then stated, "Such an inquiry necessarily contemplates that some evidentiary showing will be made." In Winter, the trial court had allowed attorney fees without giving the party who was required to pay the opportunity to appear and oppose the amount. However, Winter did not consider the type of evidentiary showing that was necessary. The State was not given an opportunity to introduce evidence in opposition to the amount applied for.