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Contracts — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//October 22, 2013//

Contracts — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//October 22, 2013//

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Wisconsin Court of Appeals

Civil

Contracts — attorney fees

Jerome Lochman appeals that portion of a judgment awarding attorney fees to his brother, Mark Lochman. Jerome argues the circuit court erred by awarding Mark attorney fees on Jerome’s counterclaim. Mark argues the parties’ contract allowed him to recover those fees.

We conclude the contract is ambiguous with respect to whether Mark can recover attorney fees on the counterclaim. Under Borchardt v. Wilk, 156 Wis. 2d 420, 456 N.W.2d 653 (Ct. App. 1990), the circuit court should therefore have reduced Mark’s total attorney fee award in proportion to the amount Mark recovered on his claim less the amount Jerome recovered on the counterclaim. Accordingly, we reverse that portion of the judgment awarding Mark attorney fees and remand for the circuit court to recalculate Mark’s attorney fee award. This opinion will not be published.

2013AP963 Lochman v. Lochman

Dist III, Brown County, Kelley, J., Per Curiam

Attorneys: For Appellant: Keidatz, Thomas L., De Pere; For Respondent: Marquette, Michael O., Green Bay

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