Legal Opinion
Tower Special Facilities, Inc. v. Investment Club, Inc.
Court of Appeals of Wisconsin
Decided September 22, 1981No. 80-2269PublishedCited by 10 opinions
1Opinion of the CourtDecker, C.J.
We affirm dismissal of plaintiff’s complaint because we conclude that an award for frivolous claim costs, sec. 814.025, Stats., can only be sought in the original proceeding in which the alleged frivolous claim was commenced, used or continued, and because the complaint fails to state a claim for relief based on malicious prosecution or abuse of process.
The events underlying this appeal arise out of a separate, now completed personal injury action against the Investment Club, Inc. (Investment Club). The Investment Club by third-party complaint impleaded Utica Mutual Insurance Co. (Utica),…
2Cases cited11 opinions
- Sommer v. CarrWisconsin Supreme Court · 1981
- Thompson v. BeechamWisconsin Supreme Court · 1976
- Brownsell v. KlawitterWisconsin Supreme Court · 1981
- Novick v. BeckerWisconsin Supreme Court · 1958
- Yelk v. SeefeldtWisconsin Supreme Court · 1967
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bosler v. ShuckWyoming Supreme Court · 1986
- Pronger v. O'DELLCourt of Appeals of Wisconsin · 1985
- Borne v. Gonstead Advanced Techniques, Inc.Court of Appeals of Wisconsin · 2003
- Rinaldi v. HSBC Bank USA, N.A.United States Bankruptcy Court, E.D. Wisconsin · 2013
- Kaminske v. Wisconsin Central Ltd.District Court, E.D. Wisconsin · 2000
5 more not listed; retrieve them via the Exa API.