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Civil Procedure – settlement — breach

Wisconsin Court of Appeals

Civil

Civil Procedure – settlement — breach

Daniel Goeckner appeals the judgment, entered upon a jury’s verdict, awarding him $149,891.22 in damages resulting from Mark Carstensen’s breach of a mediation agreement between the two of them. Pursuant to the mediation agreement, Carstensen was supposed to pay Dr. Goeckner three installments of $317,000—$951,000 in total—to buy Dr. Goeckner’s shares in a piece of property they jointly owned. Carstensen did not pay $634,000 of the $951,000 directly to Dr. Goeckner as mandated by the agreement, however, but instead deposited it in another joint business account the two shared; he did so because that particular business was experiencing cash flow problems and he and Dr. Goeckner had personally guaranteed that business’s loan. The jury found that Carstensen breached the mediation agreement, but that damages amounted only to $149,891.22, or the amount of interest Carstensen owed Dr. Goeckner per the terms of the mediation agreement. On appeal, Dr. Goeckner argues that: (1) the award should be increased by at least $634,000, because that is the amount that Carstensen, pursuant to the mediation agreement, was supposed to pay to him directly; and (2) in the alternative, he should be granted a new trial on damages. We disagree with Dr. Goeckner and affirm. Not recommended for publication in the official reports.

2011AP160 Carstensen, et al. v. Goeckner, et al.

Dist I, Milwaukee County, DiMotto, Brash, JJ., Curley, P.J.

Attorneys: For Appellant: Mingo, Mark J., Milwaukee; Yankala, Wayne M., Milwaukee; For Respondent: St. John, Thomas W., Milwaukee

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