Legal Opinion
Borchardt v. Wilk
Court of Appeals of Wisconsin
Decided April 25, 1990No. 89-1745PublishedCited by 67 opinions
1Opinion of the CourtNettesheim, P.J.
Gerald and Patricia Wilk appeal from a judgment awarding Barbara Borchardt her full attorney's fees in Borchardt's suit on a promissory note and mortgage. The Wilks argue that Borchardt is not entitled to attorney's fees under the note and mortgage because Borchardt's claim was defeated by the Wilks' successful counterclaim. Since Borchardt's recovery was greater than the Wilks' counterclaim recovery, we conclude that Borchardt's attorney's fees recovery should be in proportion to her net recovery. Accordingly, we reverse the judgment and remand for reassessment of attorney's fees.
Borchardt…
2Cases cited7 opinions
- Just v. Land Reclamation Ltd.Wisconsin Supreme Court · 1990
- Ford Motor Co. v. LyonsCourt of Appeals of Wisconsin · 1987
- Pioneer Constructors v. SymesArizona Supreme Court · 1954
- Bruns v. Rennebohm Drug Stores, Inc.Court of Appeals of Wisconsin · 1989
- Silverton Enterprises, Inc. v. General Casualty Co.Court of Appeals of Wisconsin · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- State v. ToliverCourt of Appeals of Wisconsin · 1994
- Kohler Co. v. WixenCourt of Appeals of Wisconsin · 1996
- Gottsacker v. MonnierWisconsin Supreme Court · 2005
- Old Tuckaway Associates Ltd. Partnership v. City of GreenfieldCourt of Appeals of Wisconsin · 1993
- State v. WindomCourt of Appeals of Wisconsin · 1992
62 more not listed; retrieve them via the Exa API.