Pending divorce; separate small claims action; fees as sanction
Lisa Whiting appeals the dismissal of her small claims action against her former husband, Jeffrey Whiting. She argues that her action, which sought rent from Jeffrey for their marital apartment, was properly brought in small claims court. She also contends that the court improperly awarded Jeffrey attorney’s fees as a sanction. I disagree and affirm the dismissal and sanction. In addition, I grant Jeffrey’s motion for sanctions for this appeal, and remand for an assessment of costs, fees, and reasonable attorney’s fees. This opinion will not be published. WIS. STAT. RULE 809.23(1)(b)4.
2010AP000461, Whiting v. Whiting
Dist. IV, Dane County, Moeser, J., Lundsten, J.
Attorneys: For Appellant: Whiting, Lisa, pro se; For Respondent: Monogue, Thomas J., Jefferson