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2010AP1468 Falk v. Droegkamp Sales & Services Inc.

Landlord-tenant; attorney fees; prevailing party

This case began with a dispute over a withheld security deposit and snowballed into a three-day, fifteen-witness jury trial. Andrew S. Falk, d/b/a Lake Country Auto Care, filed suit against Droegkamp Sales & Service, Inc., for recovery of his $6,000 security deposit on the parties’ commercial lease. Droegkamp counterclaimed for breach of contract, theft, criminal damage to property and waste. The jury decided that Falk was not entitled to the return of his security deposit and rejected Droegkamp’s counterclaims. The trial court determined that, while both sides “sort of won,” neither party prevailed, and that each had to shoulder its own costs and fees. Droegkamp appeals from the order denying its attorney fees and costs; Falk cross-appeals on grounds that the written order did not dismiss the counterclaims. Neither party’s arguments persuade us. We affirm the order in its entirety. This opinion will not be published.

2010AP1468 Falk v. Droegkamp Sales & Services Inc.

Dist II, Waukesha County, Hassin, J., Per Curiam

Attorneys: For Appellant: Carter, Rodney W., Brookfield; For Respondent: Love, George W., Waukesha

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