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HARBORVIEW OFFICE CENTER, LLC v. NASH

No. 2010AP1802.

804 N.W.2d 829 (2011)

2011 WI App 109

HARBORVIEW OFFICE CENTER, LLC, Plaintiff-Respondent, v. Randall L. NASH, Individually and d/b/a O'Neil, Cannon, Hollman, DeJong, S.C., Defendant-Appellant, Great American Insurance Company, Brian Fischer, d/b/a Fischer-Fischer-Theis, Inc. and Continental Casualty Company, Defendants.

Court of Appeals of Wisconsin.

June 15, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Paul R. Erickson , Kari H. Race and Stacie H. Rosenzweig of Gutglass, Erickson, Bonville & Larson, S.C., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas B. Hartley , David P. Wilk and Miles W. Hartley of Guttormsen, Hartley, Wilk & Higgins, LLP, Kenosha.

Before NEUBAUER, P.J., ANDERSON and REILLY, JJ.

NEUBAUER, P.J.

¶ 1 Randall L. Nash, individually and d/b/a O'Neil, Cannon, Hollman, and DeJong, S.C., appeals from a summary judgment granted in favor of Harborview Office Center, LLC. Nash filed a claim against Harborview for attorney fees related to the underlying litigation in this case. At issue is whether a factual assumption made for the limited purpose of summary judgment precludes a litigant from disputing that fact in future proceedings. Where, as here...

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