01-2546 Taylor Investment Corporation of Wisconsin v. PLL Marquette LLC

By: dmc-admin//October 14, 2002//

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PLL Marquette, LLC (PLL) appeals the circuit court’s award of attorney fees to Taylor Investment Corporation of Wisconsin (Taylor), and the amount of fees awarded. PLL argues that its defenses to Taylor’s action for nonpayment were not “without any reasonable basis in law” and therefore were not frivolous. We disagree and conclude that PLL’s proffered defenses were frivolous.

However, because we conclude that the circuit court’s finding of fact regarding the amount of attorney fees owed Taylor subsequent to Dec. 6, 2000, the date the circuit court determined PLL’s defenses became frivolous, is unsupported in the record, we remand to the circuit court to adjust the amount of fees awarded Taylor to $2,460, the undisputed amount of Taylor’s attorney’s fees from Dec. 6, 2000 forward.

Not recommended for publication in the official reports.

Dist IV, Marquette County, Wright, J., Roggensack, J.

Attorneys:

For Appellant: Andrew J. Clarkowski, Madison

For Respondent: Ralph W. Koopman, Eagle River

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