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STIVARIUS v. DIVALL

No. 82-1583.

117 Wis.2d 62 (1983)

342 N.W.2d 782

Martha E. STIVARIUS, Plaintiff-Respondent, v. Marion DIVALL, individually and as Personal Representative of the Estate of Fred DiVall, a/k/a Frederick DiVall, deceased, David DiVall, individually and as Trustee of the Estate of Fred DiVall, a/k/a Frederick DiVall, deceased, and Richard DiVall, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided December 27, 1983.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Thomas C. Ewing and Whyte & Hirschboeck, S.C. of Milwaukee and oral argument by Thomas C. Ewing.

For the plaintiff-respondent there was a brief by Jack McManus and McManus Law Offices of Madison, and oral argument by Jack McManus.

Before Gartzke, P.J., Dykman, J. and Gordon Myse, Reserve Judge.

GORDON MYSE,

Reserve Judge. This is an appeal from an order denying appellants' motion for costs and attorney's fees pursuant to the frivolous action statute, sec. 814.025, Stats.1 The motion was denied because appellants offered no evidence in support of the amount claimed. We affirm.

Appellants sought costs and attorneys fees for a foreclosure suit brought by respondent which was dismissed...

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