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STOLL v. ADRIANSEN

No. 83-1673.

122 Wis.2d 503 (1984)

362 N.W.2d 182

Dr. William M. STOLL and Frances M. Stoll, Plaintiffs-Appellants, v. Ronald J. ADRIANSEN, d/b/a Adriansen Construction, Defendant and Third-Party Plaintiff-Respondent, Verne CONDER, Melvin W. Brotski, d/b/a Melvin W. Brotski Plumbing & Heating, Robert Fellows, d/b/a Fellows Elecric Service, Hockers Bros. Brick & Tile Co., Inc., Badger Sheet Metal Works, Harvey Keyser, Green Bay Kitchen Mart, Inc., and Venetian Marble of Madison, Inc., Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided December 27, 1984.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Will, Flatley & Smith of Green Bay.

For the respondent the cause was submitted on the brief of Carl W. Kuehne and Kuehne & Dietz of Green Bay.

Cane, P.J., Dean and Nettesheim, JJ.

NETTESHEIM, J.

William Stoll and Frances Stoll appeal from the trial court's judgment granting Ronald Adriansen attorney fees and costs pursuant to the frivolous action statute, sec. 814.025, Stats. The Stolls also appeal the denial of their motion for similar relief under the same statute.1 We conclude that the trial court properly applied sec. 814.025 and affirm the judgment.

The Stolls and Adriansen entered into an oral agreement...

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