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Frivolous Appeal-Attorney’s Fees

By: WISCONSIN LAW JOURNAL STAFF//December 4, 2023//

Frivolous Appeal-Attorney’s Fees

By: WISCONSIN LAW JOURNAL STAFF//December 4, 2023//

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WI Court of Appeals – District III

Case Name: Richard A. Lauer v. Dennis Lauer

Case No.: 2021AP001203

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

Focus: Frivolous Appeal-Attorney’s Fees

Richard Lauer appeals from an order that approved the final distribution of his mother Elizabeth Lauer’s Estate. Richard contends that the distribution order impermissibly conditioned Richard’s ability to obtain his portion of the estate upon his agreement to forgo an appeal of that order. The appeals court concludes that Richard has misconstrued the distribution order.

Richard’s brother, Dennis Lauer, in his capacity as the personal representative of the Estate of Elizabeth H. Lauer, moves for an award of costs and attorney fees under WIS. STAT. RULE 809.25(3) (2021-22).1 The appeals court concludes that the appeal was frivolous in its entirety, and remands with directions that the circuit court determine the amount of attorney fees the Estate incurred on this appeal which Richard should pay.

Affirmed and Remanded.

Decided 11/28/23

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