01-0939 Mulqueen, et al. v. Geller

Listen to this article

Daniel Geller appeals from the judgment entered against him on March 2, 2001 granting a judgment of eviction to the plaintiff, Michael T. Mulqueen, et al., and terminating all of Geller’s contractual rights under four leases. Geller raises three issues on appeal.

First, he contends that he was denied his due process rights because: (a) the oral stipulation placed on the record pursuant to Wis. Stat. sec. 807.05 (1999-2000) was not valid; (b) the subsequent written order based on the oral stipulation did not accurately reflect the parties’ intent; and (c) the written order was entered in violation of the five-day rule. Second, Geller claims that his options to purchase the properties in question were not extinguished by early termination of the leases. Third, Geller argues that other contractual provisions in the leases were not nullified by early termination of the leases. This court concludes that an enforceable stipulation exists and any violation of the five-day rule constitutes harmless error.

Further, this court determines that Geller’s options to purchase and other contractual rights expired upon termination of the leases.

This opinion will not be published.

Dist I, Milwaukee County, Donegan, J., Curley, J.

Attorneys:

For Appellant: Not given

For Respondent: Theodore J. Hodan, Milwaukee; Joseph T. Ganzer, Milwaukee