Damages and Attorney’s Fees

By: Derek Hawkins//January 20, 2021//

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WI Court of Appeals – District III

Case Name: Elite Construction Custom Homes of Appleton, LLC, v. Bee Moua

Case No.: 2019AP1734

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

Focus: Damages and Attorney’s Fees

Bee Moua appeals a judgment that awarded Elite Construction Custom Homes of Appleton, LLC, $8,685 in damages and $6,752.50 in attorney fees and costs. Moua argues the circuit court erred by: (1) awarding attorney fees to Elite; (2) awarding damages to Elite under the parties’ mediation agreement; and (3) concluding Elite did not fail to mitigate its damages. We reject each of Moua’s arguments and affirm.

In addition, we conclude Elite is entitled to recover the attorney fees that it incurred in connection with this appeal. We therefore remand this matter for the circuit court to determine the amount of additional attorney fees that Elite is entitled to recover and to amend the existing judgment to include that amount.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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