Anderson v. Anderson
In determining amount of contribution, it is first necessary to establish reasonableness of the total fee.
Selchert v. Selchert
Court must find need, ability, reasonableness.
Holbrook v. Holbrook
Court must make findings of need, ability, and that total fee is reasonable.
Corliss v. Corliss
The party requesting a contribution must establish and trial court must make F of F as to the reasonableness of the total fees, need and ability.
Davis v. Rahkonen
Death of a party did not deprive circuit court of jurisdiction to award judgment for attorney fees – attorney entitled to judgment regardless of reason for dismissal.
In Re Marriage of Lewis v. Lewis
Before awarding attorney fees, trial court must make factual determinations: (1) need, (2) ability, (3) total fee is reasonable.
In Re Marriage of Kastelic v. Kastelic
No abuse of discretion in failure to order contribution where there was a large cash settlement, an equal property division, and enough support to stay in the home and attend college.
Hengel v. Hengel
Notice of appeal strips trial court of jurisdiction to order contribution to attorney fees.
In Re Marriage of Ondrasek v. Ondrasek
Attorney fees can be assessed for victim of an “overtrial” without regard to need/ability test.
Jandrt v. Jerome Foods, Inc.
Cite 227 Wis.2d 531, 597 N.W.2d 744 (WI Ct. App. 1999) Summary Although the claim was not frivolous when it was brought, a party’s responsibility for the factual basis of a claim is on-going. Once a party knows or should have known that a claim is not supported by fact or law, it must dismiss…