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MOHR v. HARRIS

No. 82-2303.

118 Wis.2d 407 (1984)

348 N.W.2d 599

Andrew R. MOHR and Alice J. Mohr, his wife, Plaintiffs, v. LeRoy J. HARRIS and Johnnie M. Harris, his wife, Defendants- Respondents and Cross-Appellants, CITY OF MILWAUKEE, a municipal corporation, Defendant-Appellant and Cross-Respondent, James C. COLLINS and Agnes J. Collins, his wife, Valecia Washington, Liddie Collins, Clara Carter, Globe Union Credit Union, a Wisconsin corporation, W.T. Grant Company, a foreign corporation, James Bruce, First Wisconsin National Bank of Milwaukee, a national banking association, St. Anthony Hospital, a Wisconsin corporation, Harley Davidson Credit Union, a Wisconsin corporation, Mid City Realty Co., Inc., a Wisconsin corporation, and State of Wisconsin, Defendants.

Court of Appeals of Wisconsin.

Decided March 23, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant and cross-respondent City of Milwaukee the cause was submitted on the briefs of James B. Brennan, Milwaukee city attorney, with Michael A. I. Whitcomb, assistant city attorney, of counsel, of Milwaukee.

For the defendants-respondents and cross-appellants the cause was submitted on the briefs of Kersten & McKinnon, with John B. Werra, Kenan, J. Kersten and Patrick F. Brown of counsel, of Milwaukee.

Before Wedemeyer, P.J., Decker and Moser, JJ.

DECKER, J.

The city of Milwaukee (city) appeals from an order entered upon remittitur awarding damages and attorney fees pursuant to a remand from the Wisconsin Supreme Court.1 The city contends that the action should have been dismissed as champertous and that attorney fees were erroneously awarded. We conclude that the trial court failed to make the required findings concerning good faith and past consideration necessary in a champerty...

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