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Civil Digest

Jan 8, 2020

Attorney Disciplinary Hearing

We review the report and recommendation of Referee James J. Winiarski recommending that James M. Schoenecker's license to practice law in Wisconsin be reinstated.

Jan 8, 2020

4th Amendment Violation – Search and Seizure

Wood County appeals the circuit court order granting Trevor Krizan’s motion to suppress evidence obtained as a result of an unlawful seizure in violation of the Fourth Amendment.

Jan 8, 2020

Equitable Assignment – Slander of Title

Kevin Fields, by counsel, appeals a circuit court order granting summary judgment in favor of Colonial Savings, F.A. Fields argues, among other issues, that the circuit court erred when it dismissed his slander of title claim and concluded that the outcome of the case was controlled by Federal National Mortgage Association v. Thompson, 2018 WI 57, 381 Wis. 2d 609, 912 N.W.2d 364.

Jan 8, 2020

Abuse of Discretion – Testimony

John L. Lomax appeals a judgment of conviction and sentence for 40 counts of possession of child pornography.

Jan 8, 2020

Damages

American Wood Recycling, Inc. alleges in this action that Advanced Disposal Services Solid Waste Midwest, LLC, negligently overloaded one of American Wood’s semi-trailers, resulting in damage to the trailer.

Jan 8, 2020

Small Claims – Motion for Reconsideration Denied

WI Court of Appeals – District IV Case Name: Phillip Byrd v. Donald Strahota, et al. Case No.: 2018AP1996 Officials: BLANCHARD, J. Focus: Small Claims – Motion for Reconsideration Denied Phillip Byrd, pro se, appeals an order of the circuit court dismissing his small claims action against employees of the Wisconsin Department of Corrections, and […]

Jan 8, 2020

Court Error – Abuse of Discretion

Matthew Steinhorst appeals a judgment of conviction for homicide by intoxicated use of a vehicle.

Jan 8, 2020

Negligence Claim – Uniform Fiduciaries Act

William Sesing Construction, Inc., (Sesing) appeals from a judgment dismissing its breach of contract and negligence claims brought against American Bank after Sesing’s bookkeeper embezzled funds from Sesing’s business checking account held by American Bank.

Jan 8, 2020

Sufficiency of Evidence

Lacasanova S. Davis appeals from a judgment, entered upon a jury’s verdicts, convicting him on two counts of second-degree sexual assault.

Jan 8, 2020

Estate – Insurance Claim – Liability

In this wrongful death and survival action, David Marx and his insurer, 1st Auto Casualty Insurance Company (collectively, 1st Auto), appeal a judgment awarding prejudgment interest at the rate of 12 percent per year under WIS. STAT. § 628.46 (2015-16) to the Estate of Kevin Payette and Payette’s minor children, Alexis and Natalie Payette.

Jan 8, 2020

Amended Opinion

PLEASE TAKE NOTICE that corrections were made to paragraphs 3, 7 and 11 in the above-captioned opinion which was released on November 7, 2019.

Jan 8, 2020

Bankruptcy – Exemptions

George Burciaga lost his job in May 2018 and filed for bankruptcy a week later.

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