Abuse of Discretion

Listen to this article

WI Court of Appeals – District I

Case Name: Christine Lindemann v. Geoffrey Maclay, Jr., et al.

Case No.: 2016AP1370

Officials: Kessler, Brash and Dugan, JJ.

Focus: Abuse of Discretion

Christine Lindemann appeals a judgment and order awarding attorney fees in favor of Edith and Geoffrey Maclay, Sr. (“Maclays”), Lindemann’s parents, along with Geoffrey Maclay, Jr. (“Rip”) (collectively, “the Maclays”), pertaining to the Trust of Rene von Schleinitz (“Trust”). This is the third time this Trust is before this court. On appeal, Lindemann argues that: (1) no contract or statute supports an award of attorney fees to the Maclays; (2) any fee award should have been limited to fees incurred through the hearing on dismissal; (3) any fee award should be paid by the Trust; and (4) the requested fees were not reasonable. The Maclays argue that Lindemann is barred by the doctrine of claim preclusion from collaterally attacking this court’s decision and that the amounts of fees that the trial court awarded are reasonable.

Because von Schleinitz Trust II is the law of this case and Lindemann did not move for reconsideration or appeal that decision, Lindeman could not collaterally attack our decision before the trial court and may not do so on this appeal. This court’s decision remanded this matter to the trial court “for a determination of the attorney fees due to the Maclays because of Lindemann’s unauthorized commencement and continuation of this proceeding.” See id., ¶39 (emphasis added). That decision is the law of this case and the trial court followed that directive. This court also finds that the trial court did not abuse its discretion in awarding the specific amounts for attorney fees. For these reasons we affirm the trial court’s order and judgment.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.