2005AP190 Borreson v. Yunto

By: dmc-admin//March 27, 2006//

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“Wisconsin Stat. § 767.242(5)(b)1. provides that a judge or court commissioner ‘[s]hall …. [a]ward the petitioner a reasonable amount for the cost of maintaining an action under this section and for attorney fees’ to a petitioner seeking enforcement of a placement order when the court finds the respondent ‘intentionally and unreasonably denied the petitioner’ physical placement…. Finally, in the particular case of attorney fee statutes, the state supreme court has held that ‘use of the term “shall” denotes that attorney fee awards are mandatory.’… We therefore conclude that the use of ‘shall’ indicates that the award of ‘a reasonable amount for the cost of maintaining an action under this section and for attorney fees’ is mandatory.”

Reversed and remanded with directions.

Recommended for publication in the official reports.

Dist IV, Dane County, Flanagan, J., Dykman, J.

Attorneys:

For Appellant: Murray, Ginger L, Curnutt, Heather, Madison

For Respondent: Sipsma, Kenneth R, Bierma, Erika L., Madison

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