Marriage of Roghan Wenzel v. Wenzel
Chapter 767 does not prohibit civil sanctions for frivolous proceedings under Wis. Stat. §802.05. Trial court reversed by applying the requirements of Holbrook, rather than the civil law requirements.
In Re Marriage Wenzel v. Wenzel
Chapter 767 does not prohibit civil sanctions for frivolous proceeding under Wis. Stat. §802.05
Shulka v. Siraji
Overtrial award affirmed where mother filed an action in Illinois since Wisconsin has had continuing jurisdiction and the two actions were intrinsically related.
Mansholt v. Kaijian
Overtrial award affirmed where mother filed an action in Illinois since Wisconsin has had continuing jurisdiction and the two actions were intrinsically related.
Wagner v. Estate of Sobczak
Request for de novo review of adverse FCC ruling was not overtrial.
Hottenroth v. Hetsko
No error in awarding attorney fees based on overtrial where court found the attorney asked irrelevant questions even after a warning from the court. Overtrial can also be a basis to order one party to pay all of the GAL fees.
Borreson v. Yunto
Award of attorney fees is mandatory for an action to enforce a physical placement order.
Bernier v. Bernier
Circuit court erred by requiring father to pay 50% of GAL fees in a Wis. Stat. §767.242(5)(b)1.b action.
Kohl v. DeWitt, Ross & Stevens
Trial court had authority under Wis. Stat. §767.23(3)(a) to enter a judgment for fees where the attorney moved to withdraw, regardless of when or if the client retains another attorney to replace the withdrawing attorney.
Lane v. Sharp Packaging Systems, Inc.
In this case, attorney billing records are protected by attorney-client privilege due to the detailed descriptions of the nature of the legal services. Holding is limited to particular facts in this case and not a broad rule that all attorney billing records are protected.
Zhang v. Yu
Trial court properly assessed contribution to attorney fees based on continuing overtrial tactics on appeal. When appellate court finds that issues on appeal are frivolous, circuit court can conduct a hearing to sanction a party if warranted.
Randall v. Randall
Court erred in ordering a contribution towards wife’s attorney’s fees when husband changed his mind about placement of the children as a party may withdraw from a stipulation prior to the final trial.
Benn v. Benn
Court can order payment of attorney fees in contempt action without finding of need and ability.
Jandrt v. Jerome Foods, Inc.
Cite 227 Wis.2d 531, 597 N.W.2d 744 (WI Ct. App. 1999) Summary Although the claim was not frivolous when it was brought, a party’s responsibility for the factual basis of a claim is on-going. Once a party knows or should have known that a claim is not supported by fact or law, it must dismiss…
In Re Marriage of Beaupre v. Airriess
Given that the mother prevailed on appeal and that the appeal was necessary in order to maintain an amount of child support, she may be entitled to costs and attorney fees.
In Re Marriage of Lellman v. Mott
Attorney fees may be awarded to when counsel is required to expend additional time because of a party’s lack of cooperation.
In Re Marriage Johnson v. Johnson
No formal motion is necessary for overtrial hearing as long as issue is raised at trial or in post trial briefs. However, court must determine the reasonableness of the fees.
Kotecki & Radtke, S.C. v. Johnson
Law firm had option of commencing separate action for attorney fees against husband where firm had withdrawn from representation of wife. In footnote, court holds that firm could also have sought separate judgment under 767.23(3)(a).
Gardner v. Gardner
Wife’s seeking temporary maintenance violated §802.05(1) and entitled husband to attorney fees. This statute does apply in divorce cases.
In Re Marriage of Doerr v. Doerr
Ordering husband to contribute to wife’s attorney fees and to pay GAL and GAL’s expert affirmed where court found the length of the trial and its complexity were primarily the result of husband’s insistence on litigating custody and related issues despite substantial evidence contrary to his position.