Frivolous Appeal

By: Derek Hawkins//August 28, 2018//

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WI Court of Appeals – District III

Case Name: Cottonwood Financial Wisconsin, LLC, d/b/a The Cash Store v. Lynne Kobilka,

Case No.: 2017AP1146

Officials: STARK, P.J.

Focus: Frivolous Appeal

Lynne Kobilka appeals circuit court orders denying her motions for an injunction against Cottonwood Financial Wisconsin, LLC, d/b/a The Cash Store (“Cottonwood”), and for reconsideration. We affirm, as Kobilka’s challenges were not properly before the circuit court. Pursuant to WIS. STAT. RULE 809.25(3), we also grant Cottonwood’s motion for sanctions against Kobilka’s attorney for a frivolous appeal, and we remand for the circuit court to determine the amount of costs and reasonable attorney fees to be awarded to Cottonwood.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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