Civil Procedure – settlement — attorney fees

Wisconsin Court of Appeals

Civil

Civil Procedure – settlement — attorney fees

Scott L. Berggren, Ridgeview D & J, LLC, and Ridgeview Holdings, LLC (collectively “Berggren”), appeal from an order dismissing their complaint on the merits based on the “Settlement Agreement and Release” (“the Release”) signed by all parties that Berggren attached to the complaint. Reinhart Boerner Van Duren S.C. and the individual defendants (collectively “the Reinhart parties”) appeal from that portion of the order denying their request for reasonable attorney fees based on the same Release. We affirm the portion of the order dismissing the complaint because the Release bars all of the claims made in the complaint. We reverse the portion of the order denying attorney fees to which the defendants, as the prevailing parties, are entitled under the Release. We remand to the circuit court to determine the amount of attorney fees to be awarded. Not recommended for publication in the official reports.

2010AP1829 Berggren, et al. v. Reinhart Boerner Van Deuren SC, et al.

Dist I, Milwaukee County, Sosnay, J., Kessler, J.

Attorneys: For Appellant: Gold, Randall Bentley, Monona; For Respondent: Weber, Ralph A., Milwaukee; Brennan, Michael B., Milwaukee; Turek, David J., Milwaukee; Johnson, Terry E., Milwaukee; Fetherston, Ryan P., Milwaukee