By: dmc-admin//November 2, 2009//
Contracts
Attorney fees
Where a contract ambiguously provided for attorney fees to the successful party in any litigation, each party is entitled to partial attorney fees, where the result of the litigation was mixed.
"A more rational reading of the provision would grant Shadley that proportion of her attorney fees that equate to her success at trial. On remand, the trial court is directed to determine the total amount of damages Shadley sought to recover and calculate the percentage of that total on which she was successful, i.e., the amount Shadley actually recovered divided by the total amount of damages she sought to recover. Allowing Shadley to recover her attorney fees only in proportion to her success seems to us the better reasoned and rational interpretation of the parties' contract provision. The Stys in turn, should receive that percentage of their attorney fees on which they were successful. That is the portion of Shadley's claim on which Shadley was not successful. For instance, if the trial court were to determine that Shadley recovered only 20% of the total amount of damages she sought, she should receive 20% of her requested attorney fees and the Stys should receive 80% of theirs, for a total of 100%. With these directions, we remand the case back to the trial court to redetermine attorney fees and statutory costs."
Affirmed in part, and Reversed in part.
Recommended for publication in the official reports.
2008AP2861 Shadley v. Lloyds of London
Dist. I, Milwaukee County, Brennan, J., Brennan, J.
Attorneys: For Appellant: Franckowiak, Jason J., Milwaukee; For Respondent: Schmaus, Gary R., Germantown; Lynch-German, Lauria A., Milwaukee