00-2751 Kucharski v. Kucharski, et al.

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Robert Kucharski appeals from a judgment denying his action for partition of two lots. Robert argues that he has an equitable one-fourth interest in the lots by virtue of a previous settlement agreement, a letter and an unrecorded deed to a nearby lot. He also argues that even if the trial court properly refused to recognize his equitable claim, he possesses a one-eighth legal interest in both lots pursuant to an executed and recorded deed. We affirm the trial court’s discretionary determination that Robert has no equitable interest in the lots. However, because the court concluded that Robert acquired an interest in the lots through a quitclaim deed, we reverse the judgment denying Robert a remedy under Wis. Stat. ch. 842.1

Therefore, we affirm in part, reverse in part, and remand for further proceedings.

This opinion will not be published.

Dist III, Burnett County, Harrington, J., Per Curiam

Attorneys:

For Appellant: Jason W. Whitley, Amery

For Respondent: Andrew L. Kucharski Jr., Webb Lake