By: Derek Hawkins//May 9, 2017//
WI Court of Appeals – District I
Case Name: Marvel D. Russ et al v. Richard A. Gotz
Case No.: 2016AP861
Officials: Brennan, P.J., Kessler and Brash, JJ
Focus: Declaratory Judgment
This is an appeal of an order that 1) denied plaintiffs’ motion for declaratory judgment regarding arbitration and 2) dismissed plaintiffs’ action as a sanction for filing a motion four days after a filing deadline. We conclude that the trial court correctly interpreted the inspection agreement to require arbitration between the parties, including Richard A. Gotz, and affirm as to that part of the order. We also conclude that the trial court erroneously exercised its discretion in dismissing the action as a sanction because it did so without making a finding of egregiousness, and the record does not support such a finding. Accordingly, we reverse the dismissal and remand for further proceedings consistent with this opinion.