Marco A. Marquez v. Mercedes-Benz USA, LLC

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2012 WI 74 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2010AP826 (L.C. No. 2005CV2885) STATE OF WISCONSIN : IN SUPREME COURT Marco A. Marquez, Plaintiff-Respondent-Cross-Appellant, FILED v. JUL 2, 2012 Mercedes-Benz USA, LLC, Defendant-Appellant-Cross-Respondent. MOTION for reconsideration. ¶1 PER CURIAM. Cross-Appellant, Marco Diane M. Fremgen Clerk of Supreme Court Reconsideration denied. On June 5, 2012, Plaintiff-RespondentA. Marquez, filed a motion entitled "Motion for Clarification/Reconsideration" regarding Marquez v. Mercedes-Benz USA, LLC, 2012 WI 57, ___ Wis. 2d ___, ___ N.W.2d ___, seeking "instruction to the circuit court regarding an award of Marquez's reasonable appellate attorney fees," pursuant to Wis. Stat. § 218.0171(7). ¶2 Mercedes-Benz USA, LLC, has not responded or objected to Marquez's motion. No. ¶3 Wisconsin relevant Stat. part "[t]he that § 218.0171(7) court (2009-10) shall award 2010AP826 provides a consumer in who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate." ¶4 "Reasonable attorney fees" available to a prevailing consumer under Wis. Stat. § 218.0171(7) include attorney fees for appellate work. Kilian v. Mercedes-Benz USA, LLC, 2011 WI 65, ¶58 n.22, 335 Wis. 2d 566, 799 N.W.2d 815 (quoting Chmill v. Friendly Ford-Mercury of Janesville, Inc., 144 Wis. 2d 796, 809, 424 N.W.2d 747 (Ct. App. 1988)). ¶5 Accordingly, we clarify the decision as follows: ¶6 The disposition is amended to read as follows: Paragraph 123 is amended to read as follows: "For the "Affirmed and remanded." ¶7 reasons stated, we affirm the circuit court's judgment and order and remand the cause to the circuit court to determine reasonable attorney fees pursuant to Wis. Stat. § 218.0171(7)." ¶8 the The mandate line is amended to read as follows: Court. The judgment and order of the circuit court "By are affirmed and the cause is remanded to the circuit court." ¶9 By the Court. The motion for reconsideration is denied without costs. 2 No. 1 2010AP826