A statute that authorizes the award of attorney's fees to a party in a civil action or proceeding also authorizes an appellate court to award attorney's fees if the party prevails on an appeal from a judgment or order in the action or proceeding. This section does not apply if another section of law specifically authorizes or prohibits the award of attorney's fees on an appeal from such a judgment or order.
§ 25-1810.Civil action or proceeding; appeal; award of attorney's fees by appellate court, when.
Article 18: Small-Amount Claims, Attorney’s Fees, and Costs Against the State · Last amended 2023 · Last verified July 22, 2026
In one sentenceThis section extends any statute that authorizes attorney’s fees at trial to the appellate stage as well, so a prevailing party on appeal can also recover fees under that statute unless another law specifically addresses or forbids fees on appeal.
Full Text of § 25-1810
Source
Laws 2023, LB157, § 1.
Plain-English Summary
Statutes authorizing attorney’s fees are common in Nebraska law, but many of them speak only to the trial court, leaving open whether the same fees are available if the case is appealed. Section 25-1810 answers that question with a general rule: a statute authorizing an award of attorney’s fees to a party in a civil action or proceeding also authorizes an appellate court to award attorney’s fees if that party prevails on appeal from a judgment or order in the same action or proceeding.
The rule has a built-in limit. It does not apply if another section of law specifically authorizes or prohibits an award of attorney’s fees on an appeal from that type of judgment or order. In that situation, the more specific statute controls, and section 25-1810’s general extension does not come into play. Section 25-1801, for instance, already builds its own appellate fee provision directly into its text.
Frequently Asked Questions
Does this section create a brand-new right to fees?
No. It extends fee-shifting statutes that already authorize an attorney’s fee award, allowing the appellate court to award fees under that same statute if the party prevails on appeal.
Do I need a separate statute authorizing fees on appeal specifically?
Not usually. As long as some statute authorizes fees in the underlying action, section 25-1810 extends that authorization to the appeal, unless another section specifically addresses appellate fees.
What if another statute already says something specific about appellate fees?
That more specific statute controls, whether it authorizes or prohibits fees on appeal, and section 25-1810’s general rule steps aside.
Does the party have to win at trial and on appeal to collect fees?
The appellate fee under this section depends on prevailing on the appeal itself, from the judgment or order in the action or proceeding.
Is this section limited to any particular type of case?
No. It applies broadly to any civil action or proceeding governed by a statute that authorizes attorney’s fees to a party.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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