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KITSEMBLE v. DHSS

No. 87-0896.

143 Wis.2d 863 (1988)

422 N.W.2d 896

Wendy KITSEMBLE, Petitioner-Respondent, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, of the State of Wisconsin, Appellant.

Court of Appeals of Wisconsin.

Decided March 17, 1988.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Charles D. Hoornstra, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Sheila C. Ellefson, and Western Wisconsin Legal Services, of Dodgeville.

Before Gartzke, P.J., Dykman and Sundby, JJ.

DYKMAN, J.

The Wisconsin Department of Health and Social Services (DHSS) appeals from an order awarding costs and attorney fees to Wendy Kitsemble as a "prevailing party" in her action against DHSS, pursuant to sec. 814.245(3), Stats.1 Because we conclude that Kitsemble was not a "prevailing party" within the meaning of sec. 814.245(3), we reverse.2

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