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ELMAKIAS v. WAYDA

No. 98-3222.

228 Wis.2d 312 (1999)

596 N.W.2d 869

IN the MATTER OF the ATTORNEY FEES RE: Yehuda ELMAKIAS, Plaintiff-Respondent, v. Michael WAYDA, Defendant, Atty. David SPARER, Appellant.

Court of Appeals of Wisconsin.

Decided May 13, 1999.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of David R. Sparer of King Street Law Collective, Inc. of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of William A. Abbott of Bell, Gierhart & Moore, S.C. of Madison.

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

DYKMAN, P.J.

Attorney David R. Sparer appeals from an order holding him liable for fees under § 814.025(3)(a), STATS.,1 for pursuing frivolous claims on behalf of his client, Michael Wayda. He argues that there is no evidence to support the court's decision that he acted in bad faith, solely for the purpose of harassing or maliciously injuring Yehuda Elmakias. We disagree and affirm.

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