Van Zeeland Oil Co.
743 N.W.2d 167, 306 Wis.2d 849, 2007.WI.0001087
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Publisher Description
1 Valley Gateway Development, LLC, appeals from the judgment entered against it and awarding money damages and attorney fees to Van Zeeland Oil Company, Inc. Valley Gateway argues that the circuit court did not have the equitable power to award attorney fees to Van Zeeland; that even if it did have the power to order fees, it should not have done so in this case because Valley Gateway defaulted; that the circuit courts award of damages was clearly erroneous; and that because Valley Gateway was in default and had not appeared in the law suit, the circuit court erred when it awarded Van Zeeland more than the amount of damages demanded in the complaint. We conclude that Valley Gateway did not default, but waived its right to challenge the damage and attorney fees awards by not objecting to them at the trial. Consequently, we affirm.