Breach of Fiduciary Duty – Statute of Limitations

By: Derek Hawkins//May 17, 2017//

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WI Court of Appeals – District III

Case Name: First National Bank et al v. Michael G. Trewin et al

Case No.: 2016AP1423

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Breach of Fiduciary Duty – Statute of Limitations

Michael Trewin, pro se, appeals a judgment granting Darryel and Mary Hearley rescission of a 2005 conveyance of real property to Trewin, based on Trewin’s breach of his fiduciary duties as the Hearleys’ attorney. Trewin argues the Hearleys’ rescission claim was barred by the applicable statute of limitations. We conclude the Hearleys’ claim was timely filed, pursuant to the continuing violation theory. We also reject Trewin’s argument that the circuit court erred by dismissing his counterclaim against the Hearleys for eviction. We therefore 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.

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