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LEBAKKEN RENT-TO-OWN v. WARNELL

No. 98-1569-FT.

223 Wis.2d 582 (1998)

589 N.W.2d 425

LEBAKKEN RENT-To-OWN, Plaintiff-Respondent, v. David J. WARNELL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 8, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Daniel R. Freund of Eau Claire.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Daniel M. Smetana of Altoona.

Before Cane, C.J., Myse, P.J., and Hoover, J.

CANE, C.J.

This appeal arises out of the dismissal of a replevin action without costs.2 David Warnell appeals the portion of the dismissal order denying him costs and reasonable attorney fees. Warnell alleged that because his consumer rental agreement with LeBakken Rent-To-Own was a consumer credit transaction under the Wisconsin Consumer Act, chs. 421-427, STATS.,3

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