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2010AP1049 Walter & Son Waste Haulers LLC v. Phenco LLC, et al.

By: WISCONSIN LAW JOURNAL STAFF//May 25, 2011//

2010AP1049 Walter & Son Waste Haulers LLC v. Phenco LLC, et al.

By: WISCONSIN LAW JOURNAL STAFF//May 25, 2011//

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Contracts
Fee-shifting

Walter & Son Waste Haulers, LLC, appeals from a judgment for damages and an award of attorney’s fees and costs. Walter argues that the circuit court erred when it did not amend the jury’s verdict, that the evidence at trial was insufficient to support the jury’s verdict, that the circuit court erred when it gave one special verdict question, and that the trial court erred when it awarded attorney’s fees and costs. We conclude that the circuit court did not err, and we affirm the judgment and the award of costs and fees. Further, we conclude that the respondent, Phenco, Inc., is entitled to attorney’s fees and costs for the portion of this appeal that concerned the Mound Road project agreement, and we remand the matter to the circuit court for a determination of the proper amount of fees and costs for this appeal. This opinion will not be published.

2010AP1049 Walter & Son Waste Haulers LLC v. Phenco LLC, et al.

Dist II, Walworth County Race, J., Per Curiam

Attorneys: For Appellant: Kinast, Christopher G., Beloit; For Respondent: Blackbourn, Lisle W., Elkhorn

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