Frivolous Appeal and Attorney Fees

By: Derek Hawkins//September 28, 2021//

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WI Court of Appeals – District III

Case Name: Midwest Dental Care, Mondovi, Inc., v. Dr. Kristina B. Welle

Case No.: 2020AP1064

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

Focus: Frivolous Appeal and Attorney Fees

Midwest Dental Care, Mondovi, Inc., appeals the circuit court’s denial of its summary judgment motion for dismissal of a counterclaim made against it by Dr. Kristina Welle for breach of an employment contract. Welle asserts that the appeal is frivolous and moves for an award of attorney fees. We conclude the court properly determined that there were material questions of fact in dispute on the counterclaim warranting a trial. However, we do not conclude the appeal was frivolous. Accordingly, we affirm the judgment and deny the motion for attorney fees.

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Derek A Hawkins is Corporate Counsel, at Salesforce.