2010AP1285, 2010AP1448 Caroline Apartments Joint Venture v. M&I Marshall & Ilsley Bank, et al.

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Contracts
Parol evidence rule

Caroline Apartments Joint Venture (CAJV) appeals from a judgment dismissing its claims against M&I Marshall & Ilsley Bank for breach of contract, fraud, and breach of fiduciary duties relating to a municipal bond financing transaction. CAJV argues that material factual disputes exist which preclude summary judgment in M&I’s favor, that M&I was not entitled to an award of attorney fees, and that the circuit court erroneously exercised its discretion in determining the attorney fees award. Because parole evidence cannot be introduced to challenge or vary the terms of the parties’ integrated contract, we affirm the judgment. With respect to M&I’s motion for reasonable attorney fees and costs incurred postjudgment and in this appeal, we remand for a hearing before the circuit court to determine what, if any, attorney fees and costs should be awarded. This opinion will not be published.

2010AP1285, 2010AP1448 Caroline Apartments Joint Venture v. M&I Marshall & Ilsley Bank, et al.

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

Attorneys: For Appellant: Oakes, Christopher D., Schaumburg, IL; For Respondent: Finerty, John D., Jr., Milwaukee; Crueger, Charles J., Milwaukee

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