[U] Haack v. Stephens

APPEAL from a judgment of the circuit court for Waushara County: LEWIS MURACH, Judge. Affirmed. James Stephens appeals1 from a judgment awarding attorney's fees to Robert Haack incurred while litigating a deed reformation claim against a third party, Mary Leader. The trial court held that Stephens' negligence forced Haack to litigate his successful claim against Leader. Stephens acknowledges that where the wrongdoing of one party forces another into litigation with a third party, the wrongdoer may be held liable for the other's attorney fees. See Meas v. Young, 142 Wis.2d 95, 102, 417 N.W.2d 55, 57 (Ct. App. 1987). However, he contends that the rule does not apply unless the wrongful conduct far exceeds his mere negligence in this case. We disagree and therefore affirm.