LeBakken Rent-To-Own v. Warnell

This appeal arises out of the dismissal of a replevin action without costs.2 David Wamell appeals the portion of the dismissal order denying him costs and reasonable attorney fees. Warnell alleged that because his consumer rental agreement with LeBakken Rent-To-Own was a consumer credit transaction under the Wisconsin Consumer Act, chs. *585421-427, Stats.,3 LeBakken's failure to comply with the pleading requirements of § 425.109(1), STATS.,4 required that the complaint be dismissed with costs. The trial court ruled that the agreement was not subject to the Act and granted LeBakken's…