00-3237 In Re: the Attorneys' Fees in Yu v. Zheng

Listen to this article

“The court’s award of fees for overtrial is consistent with the policy underlying fee awards approved in prior appellate cases. Zhang’s appeal of issues lacking arguable merit unnecessarily and unfairly added to the time and expense for Yu’s attorney to respond to his appeal. It also violated the circuit court’s order and wasted appellate judicial resources. This court has no ability to control the number of cases it must hear, as most litigants have a statutory right to appeal. Wis. Stat. sec. 808.03(1). Its workload has grown much faster than the resources available to meet it. For example, between 1979, this court’s first full year of appeals, and the end of 2000, it has had a 98% increase in its workload and only a 33% increase in appellate judicial positions to decide those cases. Appealing frivolous issues unreasonably overlitigates the appeal and misuses the resources of this court.”

Affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Bartell, J., Roggensack, J.

Attorneys:

For Appellant: Jiayou Zhang, pro se

For Respondent: Linda Robertson, Madison; Christine L. Taylor, Madison