Summary Judgment – Issue of Material Fact

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WI Court of Appeals – District III

Case Name: Gemini Capital Group, LLC v. Leroy Jones, et al.

Case No.: 2016AP2123

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

Focus: Summary Judgment – Issue of Material Fact

Leroy and Roger Jones (collectively, Jones) appeal an order granting summary judgment to Gemini Capital Group, LLC. Gemini filed the instant lawsuit in attempt to recover a deficiency judgment against Jones. Jones argues the circuit court improperly granted summary judgment in Gemini’s favor because: (1) Gemini failed to establish its ownership of the debt; (2) Gemini failed to prove the collateral at issue was sold in a commercially reasonable manner, as required by WIS. STAT. § 425.209(1) (2015-16); and (3) a material issue of fact exists as to whether Gemini’s complaint was timely filed, pursuant to the applicable statute of limitations.

We conclude Gemini failed to make a prima facie case for summary judgment with respect to the first two issues raised by Jones, and a genuine issue of material fact exists regarding the third issue. We therefore reverse the order granting summary judgment to Gemini and remand for further proceedings.

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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.