SHADLEY v. LLOYDS OF LONDON

No. 2008AP2861.

776 N.W.2d 838 (2009)

2009 WI App 165

Gwen SHADLEY, Plaintiff-Respondent-Cross-Appellant, v. LLOYDS OF LONDON, Defendant, Tim Stys, Pamela Stys and Monticello Insurance Company, Defendants-Appellants-Cross-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed October 27, 2009.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross-respondents, the cause was submitted on the briefs of Jason J. Franckowiak of Otjen, Van Ert & Weier, S.C., Milwaukee.

On behalf of the plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Lauria Lynch-German of Hodan of Doster & Ganzer, S.C., and Gary R. Schmaus of Schmaus Law Office, Milwaukee.

Before CURLEY, P.J., FINE and BRENNAN, JJ.


¶ 1 BRENNAN, J.

Tim Stys, Pamela Stys, and Monticello Insurance Company (collectively referred to herein as "the Stys") appeal the judgment granting attorney fees to Gwen Shadley as the "successful party" under the language of the parties' house-moving contract. Shadley cross-appeals from the same judgment arguing that the trial court erred in: (1) construing two contract terms, "expected and ordinary stresses" and "risks of moving"; and (2) erroneously exercising...

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