01-2036 Kmiec v. Vielehr, et al.

By: dmc-admin//May 13, 2002//

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Phillip Kmiec and Diana Kmiec (hereinafter the Kmiecs) appeal from the judgment dismissing their trespass claim against Byron C. Vielehr. The judgment followed a jury verdict finding that Vielehr had not trespassed on the Kmiecs’ property. The issues on appeal are whether the circuit court properly denied the Kmiecs’ motion for summary judgment, whether the circuit court properly instructed the jury about the effect of a stipulation between the parties, and whether the jury’s verdict was contrary to the great weight of the evidence.

We affirm the judgment of the circuit court.

This opinion will not be published.

Dist II, Waukesha County, Snyder, J., Per Curiam

Attorneys:

For Appellant: Steven Kmiec, Milwaukee; Colleen L. Bero-Lehmann, Milwaukee

For Respondent: James W. Hammes, Waukesha

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