Wisconsin Chiropractic Ass'n v. State Chiropractic Examining Board

¶ 1. Dale Strama is seeking the attorney fees he incurred in defending against the Wisconsin Chiropractic Association's complaint, which the Association voluntarily dismissed and which Strama asserts was frivolous. The trial court denied his motion seeking fees under Wis. Stat. §§ 802.05(1) and 814.025(3)(a) and (b) (2001-02) 1 and denied his motion for reconsideration and for an evidentiary hearing. We conclude the court applied incorrect legal standards and that an evidentiary hearing is required to resolve factual disputes. We therefore reverse and remand for an evidentiary hearing…