Community Credit Plan, Inc. v. Johnson

I respectfully dissent. The majority determined that the consumers "prevailed" in the underlying actions, thus entitling them to reasonable attorney fees per § 425.308, STATS. This conclusion was reached because, as the majority noted, the Harvell case mandates such a finding if a party prevails. Harvell defines "prevail" by stating that "a party has prevailed if he or she succeeds on any significant issue in litigation which achieves some of the benefit sought by bringing suit." Footville State Bank v. Harvell, 146 Wis. 2d 524, 539-40, 432 N.W.2d 122, 129-30. They further rely as authority…