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Consumer Protection — home improvement code — double damages — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//December 13, 2012//

Consumer Protection — home improvement code — double damages — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//December 13, 2012//

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Wisconsin Court of Appeals

Civil

Consumer Protection — home improvement code — double damages — attorney fees

Joshua Diehm appeals a money judgment entered by the circuit court in favor of EA Restoration, LLC, following a jury trial in which the jury determined that both Diehm and EA Restoration breached their contract with one another, and EA Restoration breached Wis. Admin. Code ch. ATCP 100 (June 2011) (the home improvement code), and postverdict motions. Following postverdict motions, the court awarded each party attorney fees, which the court offset against one another, and it offset the damages awarded by the jury, which resulted in a net judgment in favor of EA Restoration.

Diehm contends the circuit court erred in refusing to: (1) set aside the breach of contract damages awarded to EA Restoration; (2) double the damages awarded to him for EA Restoration’s breach of the home improvement code; (3) reduce the attorney fees awarded to EA Restoration; and (4) order that the attorney fees awarded to him be payable directly to his attorney, and not be offset against those attorney fees awarded to EA Restoration. For the reasons that follow, we affirm in part and reverse in part. Not recommended for publication in the official reports.

2011AP2855 EA Restoration LLC v. Diehm

Dist IV, Marquette County, Wright, J., Sherman, J.

Attorneys: For Appellant: Pagel, Briane F., Jr., Madison; For Respondent: Rosek, Matthew R., Waukesha

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