Gorton v. Hostak, Henzl & Bichler, S.C.

¶ 1. This case is before the court upon certification from the court of appeals. The circuit court 1 concluded that a statutory award of reasonable attorney fees under Wis. Stat. § 100.18(ll)(b)2 (1989-90) in the underlying action belongs to the plaintiffs and that each plaintiff is also entitled to $100 for attorney fees as a statutory item of costs. Additionally, the circuit court denied the plaintiffs' request for an award of attorney fees in pursuing this subsequent declaratory action.

¶ 2. Because we determine that the question of who owns the statutory award of reasonable attorney fees…