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202200334 <br />date of this Order. Unless otherwise ordered herein, Defendant is enjoined and restrained <br />from transferring, encumbering, hypothecating, concealing, damaging, destroying, or in <br />any way, disposing of the real property/acreage or any attachments or appurtenances <br />thereto. <br />2. Plaintiff Harvey Miller, as Personal Representative of the Estate of Audrey <br />L. Howard, shall have judgment against Defendant in the amount of $117,500.00, which <br />includes $33,500.00 in cash withdrawals and $84,000.00 in tax liability, with statutory <br />interest. <br />3. Neb. Rev. Stat. §30-4017 provides as follows: "In a judicial proceeding <br />involving the administration of a power of attorney, the court, as justice may require, may <br />award costs and expenses, including reasonable attorney's fees to any party, to be paid by <br />another party." In light of the Court's findings and conclusions entered herein, and because <br />plaintiffs have substantially prevailed on their POAA claims, the Court finds that justice <br />does require the imposition of attorney fees in this matter. The Court finds an hourly rate <br />of $250.00 as set forth in plaintiffs' counsel's affidavit, Exhibit 46, to be fair and <br />reasonable. Defense counsel used the same hourly rate in his affidavit, Exhibit 47 ¶18, and <br />it appears the same hourly rate was adopted in other matters pending in Hall County and <br />other surrounding counties. Plaintiffs' counsel verified that he spent approximately 194.2 <br />hours working on behalf of plaintiffs, but acknowledged that approximately 32.2 of those <br />hours were in regards to Defendant's separate probate filings. Excluding those hours, the <br />Court will award attorney fees in the amount of $40,500.00 (162 hours x $250.00), as well <br />as an additional $1,188.38 in costs, and Plaintiff Harvey Miller, as Personal Representative <br />of the Estate of Audrey L. Howard, shall have judgment against Defendant Clayton Green <br />in that amount, with statutory interest. <br />4. Interest shall accrue at a statutory rate of 2.056%. <br />5. All other relief requested, and not provided herein, is denied. <br />16 <br />District Judge <br />Certified Page 16 of 17 <br />