Legal Opinion

Cottonwood Fin. Wis., LLC v. Kobilka

Court of Appeals of Wisconsin

Decided July 31, 2018No. Appeal No. 2017AP1146Published

1Opinion of the Court

STARK, P.J.1

¶ 1 Lynne Kobilka appeals circuit court orders denying her motions for an injunction against Cottonwood Financial Wisconsin, LLC, d/b/a The Cash Store ("Cottonwood"), and for reconsideration. We affirm, as Kobilka's challenges were not properly before the circuit court. Pursuant to WIS. STAT. RULE 809.25(3), we also grant Cottonwood's motion for sanctions against Kobilka's attorney for a frivolous appeal, and we remand for the circuit court to determine the amount of costs and reasonable attorney fees to be awarded to Cottonwood.

BACKGROUND

¶ 2 Cottonwood obtained a default judgment…

2Cases cited8 opinions

  1. State ex rel. M.L.B. v. D.G.H.Wisconsin Supreme Court · 1985
  2. Industrial Risk Insurers & Quad Graphics, Inc. v. American Engineering Testing, Inc.Court of Appeals of Wisconsin · 2009
  3. Kirk v. Credit Acceptance Corp.Court of Appeals of Wisconsin · 2013
  4. Howell v. DenomieWisconsin Supreme Court · 2005
  5. McFarland State Bank v. SherryCourt of Appeals of Wisconsin · 2011

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