01-1515 Century 21-Olympia Inc. v. Chayer

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Century 21-Olympia Inc. prevailed in a small claims action to recover a real estate commission from Jeffrey and Amy Chayer, and, pursuant to a contractual provision for reasonable attorney fees, the circuit court awarded Century 21 $6,000 in attorney fees. The Chayers appeal the award of attorney fees on several grounds, and Century 21 cross-appeals the circuit court’s decision to deny attorney fees related to the Chayers’ failed post-judgment motion for reconsideration. We affirm the initial award of attorney fees made by the circuit court and its denial of Century 21’s motion for additional fees attributed to the motion for reconsideration. Additionally, because Century 21 lost its cross-appeal, it is not entitled to additional fees as the prevailing party in this court.

Accordingly, we affirm the judgment and post-judgment order of the circuit court.

This opinion will not be published.

Dist IV, Waupaca County, Kirk, J., Roggensack, J.

Attorneys:

For Appellant: Andrew J. Phillips, Oshkosh

For Respondent: Ross J. Nova, Green Bay