Pierce v. Norwick

1996

Court: WI Supreme Court

Facts: The Pierces leased a home for $1K/mo + $200/mo worth of maintenance. After they moved out, the security deposit was witheld, on the theory that they hadn't done the maintenance. Lawsuits galore.

Posture: A lot. Suits. Motions. Etc. In the end, the trial court grants costs to the Pierces, but finds their $14K attorney bill to be excessive, and reduces it to $3875. With costs of $1178, and double damages of $222 (up from $111), the grand total is $5275.12. Appeal.

Issue: Did the court calculate properly?

Holding: Yes. And we're not awarding appellate fees or costs.

Rule: The court has to follow a rational and reasoned decision-making process. They did.

Reasoning: Factors to be considered, etc. A $125 hourly rate is appropriate.

Dicta: The policy here is to discourage protracted litigation by assigning costs.