HERKERT v. STAUBER

No. 83-2150.

127 Wis.2d 87 (1985)

378 N.W.2d 704

Herman J. HERKERT, Plaintiff-Respondent, v. Robert STAUBER, Defendant-Appellant, William MAZER, Richard Mazer, Mazer/Stauber Associates, P.C., and Guardian Corporation, Defendants.

Court of Appeals of Wisconsin.

Decided October 24, 1985.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of David M. McDorman and Wayne J. Staton, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of David G. Walsh and Walsh, Walsh, Sweeney & Whitney, S.C., of Madison.

Before Gartzke, P.J., Dykman, J., and Bruce F. Beilfuss, Reserve Judge.


GARTZKE, P.J.

Robert Stauber appeals an order dismissing his motion to compel a law firm, Foley & Lardner, to make restitution of $38,000 garnished from his bank account. The attorneys represented Herman Herkert in the garnishment brought to enforce Herkert's judgment against Stauber. The garnishment reached about $60,000.00, slightly more than due on the judgment. With Herkert's consent, in late December 1982 the attorneys applied $38,000 from the garnishment...

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