Legal Opinion

Dailey v. Kelly

Court of Appeals of Wisconsin

Decided March 16, 1995No. 92-3060PublishedCited by 11 opinions

1Opinion of the CourtSundby, J.

Thomas J. Kelly, plaintiffs former attorney, appeals from a judgment entered against him pursuant to § 814.025(1) and (3)(b), Stats.,1 awarding *642the defendant costs and attorney fees incurred in this action. The trial court, the Hon. John R. Wagner presiding,2 concluded that ”[t]his action from its inception and thereafter throughout was frivolous on the part of plaintiff and plaintiffs attorney." We disagree and reverse the judgment. On remand, the trial court shall deny Clark's motion.

DECISION

In Part I of this opinion, we consider whether Kelly "commenced" a frivolous action on his client's…

2Cases cited16 opinions

  1. Grams v. BossWisconsin Supreme Court · 1980
  2. Strid v. ConverseWisconsin Supreme Court · 1983
  3. In Matter of Estate of BilsieCourt of Appeals of Wisconsin · 1981
  4. Stoll v. AdriansenCourt of Appeals of Wisconsin · 1984
  5. Radlein v. Industrial Fire & Casualty InsuranceWisconsin Supreme Court · 1984

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3Cited by11 opinions

  1. Jandrt Ex Rel. Brueggeman v. Jerome Foods, Inc.Wisconsin Supreme Court · 1999
  2. State v. LeitnerCourt of Appeals of Wisconsin · 2001
  3. Belich v. SzymaszekCourt of Appeals of Wisconsin · 1999
  4. Johnson Bank v. Brandon Apparel Group, Inc.Court of Appeals of Wisconsin · 2001
  5. Juneau County v. Courthouse Employees, Local 1312Court of Appeals of Wisconsin · 1998

6 more not listed; retrieve them via the Exa API.

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