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BELL, METZNER & GIERHART v. STERN

No. 90-0906.

165 Wis.2d 34 (1991)

477 N.W.2d 289

BELL, METZNER & GIERHART, Plaintiff-Respondent, v. Walter W. STERN, Appellant, Raymond W. HAMM, Respondent.

Court of Appeals of Wisconsin.

Decided September 12, 1991.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Walter W. Stern III of Stern, Caviale & Stern of Kenosha.

For the plaintiff-respondent the cause was submitted on the briefs of Stephen P. Juech and Tamara A. Hayes of Frisch Dudek, Ltd., of Milwaukee.

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

GARTZKE, P.J.

Attorney Walter Stern appeals from an order against him and in favor of the law firm Bell, Metzner & Gierhart for $4,850.82 attorney's fees and costs. The primary issues are whether the trial court had statutory authority to award attorney's fees and whether it abused its discretion in doing so. We conclude that the court intended to award fees under sec. 804.12(2), Stats., which authorizes a fee award for failing to comply with a discovery order...

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