GAGNOW v. HAASE

No. 88-1760.

149 Wis.2d 542 (1989)

439 N.W.2d 593

Herman F. GAGNOW, and Randy L. Gagnow, d/b/a Gagnow Pallet Company, Plaintiffs-Respondents, v. Gregory HAASE, d/b/a Badger Pallet, Defendant, FIRST INTERSTATE BANK OF WISCONSIN, Garnishee-Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 2, 1989.


Attorney(s) appearing for the Case

For the garnishee-defendant-appellant the cause was submitted on the briefs of Daniel L. Vande Zande and Vande Zande Law Offices, of Waupun.

For the plaintiffs-respondents the cause was submitted on the brief of James S. Lindgren and Johnson & Werner, S.C., of New London.

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


EICH, J.

First Interstate Bank of Wisconsin, the garnishee defendant in this action, appeals from an order denying its motion for costs and fees under the "frivolous action" statute, sec. 814.025, Stats. The sole issue is whether the statute applies where the lawsuit itself is meritorious, but where the defendant asserts that the plaintiff's attorney has taken some action in prosecuting the suit which is claimed to be "frivolous" in the statutory sense. We conclude...

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