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212 Neb. 864

State v. Miller

Nebraska Supreme Court

Decided November 24, 1982

Nebraska Supreme Court · decided 1982-11-24

Relies on In Re Contempt of Potter

Decided 1982-11-24

Per Curiam.

¶1According to our previous definition of contempt advanced by this court in In re Contempt of Potter, 207 Neb. 769, 301 N.W.2d 560 (1981), a finding must be made that an attorney’s failure to appear at a designated time was willful in order to hold him or her in contempt. In the instant case the trial court found that the failure to appear was not willful behavior on the part of the appellant. Therefore, the trial court was not justified in holding the appellant in contempt of court. The judgment of the trial court is in all respects reversed.

¶2Reversed.

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