Court Error

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WI Court of Appeals – District IV

Case Name: Ray A. Peterson d/b/a Master Builders, v. Gene P. Ganta

Case No.: 2015AP329

Officials: HIGGINBOTHAM, J.

Focus: Court Error

Regardless, Ganta cannot complain about the trial court finding that the notice to pay set December 17, 2014, as the due date for the delinquent rent. We conducted an independent review of the record. The only testimony that would support this finding came from Ganta himself. As for Ganta’s contention that the court erroneously found that Ganta failed to timely pay the delinquent rent, Ganta testified that the notice to pay required payment by December 17 and Ganta conceded during his testimony that Peterson did not receive the rent in the mail until December 20. Based on the deadline set by the notice to pay by December 19 and Ganta’s testimony that Peterson did not receive the rent until December 20, we conclude that the court’s finding that Ganta failed to timely pay his delinquent rent is not clearly erroneous. Accordingly, we affirm

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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.