2010AP1765 Richardson v. Henderson

By: WISCONSIN LAW JOURNAL STAFF//March 9, 2011//

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Civil Procedure
Sanctions; safe harbor provision

Trevor Richardson appeals from a circuit court order granting Richard Henderson’s motion for sanctions and ordering Richardson to pay $2500 toward Henderson’s attorney fees. Richardson challenges the circuit court’s order on grounds that Henderson and the circuit court did not follow proper procedure under Wis. Stat. § 802.05 and that the court’s award of $2,500 in attorney fees was not reasonable. We conclude that Henderson failed to comply with the safe harbor provisions of § 802.05 when seeking sanctions against Richardson and therefore the circuit court erred in granting his request. We reverse the circuit court’s order for sanctions. This opinion will not be published.

2010AP1765 Richardson v. Henderson

Dist II, Ozaukee County, Williams, J., Neubauer, P.J.

Attorneys: For Appellant: Richardson, Trevor, pro se; For Respondent: Henderson, Robert W., pro se

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