2008AP3160 Rayner v. Reeves Custom Builders Inc., et al.

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Consumer Protection
Home Improvement Practices Act; double damages

Arthur J. Reeves appeals from a trial court judgment awarding Lawrence and Sally Rayner $100,000 in compensatory damages. The award stemmed from a stipulation dismissing the Rayners’ claims against Reeves for breach of contract and numerous violations of the Home Improvement Practices Act, Wis. Admin. Code ch. ATCP 110 (ATCP 110). The court found that the Rayners were entitled to judgment under the terms of the parties’ stipulated order for dismissal because Reeves misrepresented his assets and provided testimony that was not “essentially truthful.” Based on our review of the record, we conclude that the Rayners were entitled to the $100,000 judgment under the terms of the parties’ stipulation. The Rayners cross-appeal from a later, related judgment denying their request for double damages, plus attorney fees and costs, under Wis. Stat. § 100.20(5) (2007-08). After a trial at which the jury found that the Rayners had not sustained damages as a result of Reeves’ ATCP 110 violations, the court declined the Rayners’ request for double damages. We uphold the trial court’s rulings as to both issues and affirm the judgment. Not recommended for publication in the official reports.

2008AP3160 Rayner v. Reeves Custom Builders Inc., et al.

Dist II, Walworth County, Gibbs, Kennedy, J., Neubauer, P.J.

Attorneys: For Appellant: Sostarich, Mark E., Elkhorn; For Respondent: Leece, Randall G., Elkhorn; Tyndall, Susan R., Waukesha

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