Legal Opinion
Stivarius v. DiVall
Court of Appeals of Wisconsin
Decided December 27, 1983No. 82-1583PublishedCited by 3 opinions
1Opinion of the Court
GORDON MYSE,
Reserve Judge. This is an appeal from an order denying appellants’ motion for costs and attorney’s fees pursuant to the frivolous action statute, sec. 814.025, Stats. The motion was denied because appellants offered no evidence in support of the amount claimed. We affirm.
Appellants sought costs and attorneys fees for a foreclosure suit brought by respondent which was dismissed by the trial court. In that action a nonevidentiary hearing was held on appellants’ counterclaim and post-verdict motion for fees. The trial court determined that respondent’s action was frivolous within the…
2Cases cited14 opinions
- City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
- Wassenaar v. PanosWisconsin Supreme Court · 1983
- Herro, McAndrews & Porter, S. C. v. GerhardtWisconsin Supreme Court · 1974
- Patrick v. Head of the Lakes Cooperative Electric Ass'nCourt of Appeals of Wisconsin · 1980
- 26 Fair empl.prac.cas. 721, 26 Empl. Prac. Dec. P 32,063, 2 Employee Benefits Ca 1770 Marie Manhart, Carolyn Mayshack, Margerie Stoop, Alice F. Muller and Ethel L. Lehman, Individually and on Behalf of All Other Persons Similarly Situated Committee to Protect Women's Retirement Benefits and International Brotherhood of Electrical Workers, Local Union No. 18 v. City of Los Angeles, Department of Water and Power, a Body Corporate and Politic Members of the Board of Water and Power Commissioners of the Department of Water and Power, City of Los Angeles Members of the Board of Administration of the Department of Water and Power Employees' Retirement, Disability and Death Benefits Insurance Plan Henry G. Bodkin, Jr. Katherine B. Dunlap Burton J. Gindler Michael Glazer Herbert C. Ward Louis J. Weidner, Jr. Ralph E. Powell Leo W. Sudmeier, Jr. William D. Sachau and Robert v. PhillipsCourt of Appeals for the Ninth Circuit · 1981
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3Cited by3 opinions
- Stivarius v. DiVallWisconsin Supreme Court · 1984
- Borreson v. YuntoCourt of Appeals of Wisconsin · 2006
- Peterson v. GaugerCourt of Appeals of Wisconsin · 1988