Thompson v. Ouellette, 2023 WI App 7, 406 Wis. 2d 99, 986 N.W.2d 338: Newly enacted Wis. Stats § 895.044(5) retains the longstanding rule that sanctions for a frivolous appeal will not be awarded unless the entire appeal is frivolous.
Chapter 767 does not prohibit civil sanctions for frivolous proceedings under Wis. Stat. §802.05. Trial court reversed by applying the requirements of Holbrook, rather than the civil law requirements.
Florida adopts lodestar method for determination of attorney fees.
In determining the reasonable value of attorney’s fees for services rendered, the proper factors to be considered are the amount and character of the services rendered, the labor, the time, and trouble involved, the character and importance of the litigation, the amount of money or value of the property affected, the professional skill and experience called for, and the standing of the attorney in his profession; to which may be added the general ability of the client to pay and the pecuniary benefit derived from the services.
In determining amount of contribution, it is first necessary to establish reasonableness of the total fee.
Court must find need, ability, reasonableness.
Court must make findings of need, ability, and that total fee is reasonable.
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.
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.
Before awarding attorney fees, trial court must make factual determinations: (1) need, (2) ability, (3) total fee is reasonable.