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OLIVAREZ v. UNITRIN PROPERTY & CAS. INS.

No. 2005AP2471.

723 N.W.2d 131 (2006)

2006 WI App 189

Christine OLIVAREZ and Daniel J. Olivarez, Plaintiffs-Respondents, United Healthcare, Inc. and Ingenix Subrogation Services, d/b/a CT Corporation System, Involuntary-Plaintiffs, v. UNITRIN PROPERTY & CASUALTY INSURANCE COMPANY and Paul Kucza, Defendants, Cannon & Dunphy, S.C., Proposed-Intervenor-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 30, 2006.

Attorney(s) appearing for the Case

On behalf of the proposed-intervenor-appellant, the cause was submitted on the briefs of Terry E. Johnson, of Peterson, Johnson & Murray, S.C., of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of James J. Gende II, of Gende Law Offices, S.C., of Waukesha.

Before SNYDER, P.J., and NETTESHEIM and ANDERSON, JJ.

¶ 1 NETTESHEIM, J.

The law firm of Cannon & Dunphy, S.C., appeals from an order denying as untimely its motion to intervene to enforce its attorney's lien in a negligence action that had settled. Were the question one of law, or were we ruling in the first instance rather than as an appellate body, we likely would rule for Cannon & Dunphy. But given the deference we must accord the trial court's discretionary call, we are constrained to affirm the trial...

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