Civil Procedure — frivolous actions — postjudgment interest

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Wisconsin Court of Appeals

Civil

Civil Procedure — frivolous actions — postjudgment interest

This case is before us for a second time. In a previous opinion, we affirmed the circuit court’s decision granting summary judgment to the Woelfel Family Revocable Trust and its co-trustees, Christian and Mary Woelfel, (collectively, the Woelfels) on Bradley Allen’s claim for a prescriptive easement. See Allen v. Woelfel Family Rev. Trust, No. 2012AP2415, unpublished slip op. (WI App May 14, 2013). Following our decision, the circuit court granted the Woelfels’ motion for sanctions against Allen, concluding Allen frivolously continued his prescriptive easement claim following the close of discovery. The court ordered Allen to pay a portion of the Woelfels’ attorney fees, and the judgment stated the attorney fee award would accrue interest at a rate of twelve percent per year. Allen now appeals.

We conclude the circuit court properly determined Allen frivolously continued his prescriptive easement claim. We therefore affirm in part. However, we agree with the parties that the court erred by applying a 12 percent interest rate. We therefore reverse in part and remand with directions that the court amend the judgment to provide for an interest rate of 4.25 percent per year. This opinion will not be published.

2013AP2420 Allen v. Woelfel Family Revocable Trust et al.

Attorneys: For Appellant: Linz, Nicholas, Green Bay; For Respondent: Houlihan, John C., Minoqua