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REUBEN v. KOPPEN

No. 2008AP3192.

784 N.W.2d 703 (2010)

2010 WI App 63

Charles F. REUBEN, M.D., Plaintiff-Respondent, v. Keith D. KOPPEN, Keith D. Koppen, d/b/a Koppen Surveying, Inc. and Keith D. Koppen, d/b/a KDK Surveying, Inc., Defendants, Diane Higgins, d/b/a Lake Homes, Defendant-Third-Party Plaintiff-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 10, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-third-party-plaintiff-appellant, the cause was submitted on the briefs of A. Erick Fabyan of Haight & Fabyan, S.C., Hartland.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Matthew R. McClean of Davis & Kuelthau, S.C., Milwaukee.

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

¶ 1 SNYDER, J.

Diane Higgins, d/b/a Lake Homes (Higgins) appeals from an order for judgment awarding Charles F. Reuben, M.D., damages in the amount of $46,936.80, together with WIS. STAT. § 100.18(11)(b) (2007-08)1 attorney fees and costs in the amount of $103,708.35. Higgins contends that the circuit court erred when it changed the jury's special verdict. The jury had answered "no" when asked whether Higgins made an untrue,...

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