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HOMETOWN BANK v. ACUITY INS.

No. 2007AP1048.

748 N.W.2d 203 (2008)

2008 WI App 48

HOMETOWN BANK, Plaintiff-Appellant, Gordon J. Jungwirth, Black Cat Smoke Stack Contractors and Jane Doe, Defendants, Wisconsin Restoration, Inc. and Milwaukee Public Schools, Garnishees, v. ACUITY INSURANCE, Garnishee-Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed February 20, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Alexander L. Ullenberg of Ullenberg Law Offices, Fond du Lac.

On behalf of the garnishee-defendant-respondent, the cause was submitted on the brief of James W. Mohr, Jr. of Mohr & Anderson, LLC, Hartford.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 ANDERSON, P.J.

After winning a judgment against Gordon Jungwirth, Hometown Bank filed a nonearnings garnishment action against Acuity Insurance, Jungwirth's liability insurer. The circuit court granted Acuity's motion for summary judgment and awarded it $500 in statutory costs. Hometown appeals only the award of costs, contending that garnishment is an equitable action and WIS. STAT. § 814.02(2) (2005-06)...

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