Garnishment – Abuse of Discretion

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WI Supreme Court

Case Name: Prince corporation v. James N. Vandenberg, et al

Case No.: 2014AP2097; 2014AP2295

Focus: Garnishment – Abuse of Discretion

Department of revenue is entitled to garnish a portion of a final land contract

“Given the numerous interests noted by the circuit court and the various consequences that any partitioning action would have, we cannot conclude that no reasonable judge could have denied partition under the facts herein presented. See Heyse, 47 Wis. 2d at 37 (noting that partition statutes are “permissive and within the discretion” of the circuit court to order such remedies where appropriate). Accordingly, we conclude that the circuit court demonstrated a rational decision-making process in concluding that partition was not an appropriate remedy after setting forth the relevant facts and law. Therefore, we agree with the court of appeals’ conclusion that the circuit court did not erroneously exercise its discretion by denying partition of the property based on the record then before the circuit court.”

CONCURRING: ABRAHAMSON, BRADLEY

DISSENTING: ABRAHAMSON , BRADLEY

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.