2010AP801 Caledonia Direct Inc. v. Fakler, et al.

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Employment
Covenants not to compete

Caledonia Direct, Inc. (CDI) appeals the trial court’s order granting Jeffrey Fakler and AIM Transfer & Storage, Inc.’s motion to dismiss CDI’s claim that Fakler, a former CDI employee, breached the covenant not to compete that he signed on Dece. 2, 2008. CDI contends that the trial court erred in its determination that the covenant not to compete was unenforceable because it was ambiguous. We agree with CDI. When a covenant not to compete is found to be ambiguous, it is the trial court’s obligation to look for extrinsic evidence to discern its meaning. Because the trial court did not do so in this case, we reverse and remand this matter to the trial court. Not recommended for publication in the official reports.

2010AP801 Caledonia Direct Inc. v. Fakler, et al.

Dist I, Milwaukee County, Cooper, J., Curley, P.J.

Attorneys: For Appellant: Vanderloop, Jeremy, Mayville; For Respondent: Rumbaugh, Eric H., Milwaukee; Thomure, John C., Jr., Milwaukee

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