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TALMER BANK AND TRUST v. JACOBSEN

Appeal No. 2017AP752-FT.

908 N.W.2d 495 (2018)

2018 WI App 15

TALMER BANK AND TRUST, Successor in Interest to First Banking, Plaintiff, v. Thomas S. JACOBSEN and Deborah L. Jacobsen, Defendants-Respondents, Felimon Gomez and Teresa Gomez, Defendants-Appellants.

Court of Appeals of Wisconsin.

Filed January 10, 2018.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the brief of Paul Zimmer of O'Neil, Cannon, Hollman, DeJong & Laing, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Richard Scholze of Wanasek, Scholze, Ludwig & Ekes, S.C. of Burlington.

Before Reilly, P.J., Gundrum and Hagedorn, JJ.

¶ 1 The third-party litigation exception to the American Rule allows a plaintiff to recover attorney fees incurred in third-party litigation caused by a wrongful act of the defendant. The question in this case is whether a breach of contract leading to third-party litigation is a wrongful act. We hold that a breach of contract...

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