By: dmc-admin//May 1, 2006//
“Thus, unlike the situation under § 218.01(9)(am) (1993–94), the legislature did not intend by its bare use of the word ‘costs’ in § 218.01(9)(b) (1993–94) to encompass ‘actual costs.’ Therefore, ‘actual costs’ are not swept into taxable costs allowed by Wis. Stat. Rule 814.04(2)’s inclusion of ‘necessary disbursements and fees allowed by law.’ Accordingly, Wilde’s offer of judgment to pay ‘taxable costs,’ which Kolupar accepted, did not encompass ‘actual costs.’”
Affirmed.
Recommended for publication in the official reports.
Dist I, Milwaukee County, Donald, J., Fine, J.
Attorneys:
For Appellant: Erspamer, Paul M., Waukesha; Lisko, David J., Waukesha
For Respondent: Gutenkunst, Kathryn S., Waukesha; Brejcha, Brian M., Waukesha; Atinsky, Philip L., Milwaukee