Summary Judgment – Issue of Material Fact

By: Derek Hawkins//February 26, 2019//

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WI Court of Appeals – District III

Case Name: Delores J. Agne v. Patrick C. Rowe. et al.

Case No.: 2018AP587

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Summary Judgment – Issue of Material Fact

Delores Agne appeals a summary judgment dismissing her legal malpractice claim against attorney Patrick Rowe and Swid Law Offices LLC (collectively, “Swid Law”). Agne argues genuine issues of material fact precluded the circuit court from granting Swid Law’s summary judgment motion. We conclude, however, that the undisputed facts show Agne could not prevail on her legal malpractice claim because there was no evidence that Swid Law’s conduct caused her any damages. We therefore affirm the circuit court’s grant of summary judgment in favor of Swid Law. Nonetheless, we reject Swid Law’s assertion that Agne’s appeal is frivolous, and we therefore deny its motion for an award of attorney fees and costs under WIS. STAT. RULE 809.25(3) (2015-16).

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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