2010AP926 Silverstein v. Amidzich, et al.

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Torts
Breach of fiduciary duty; statute of limitations

Bradford Amidzich and Allen Silverstein terminated their business agreement. Amidzich appeals a judgment deciding that payments he thought due him were not royalties and that rescissory damages, a constructive trust and prejudgment interest were not appropriate. Silverstein cross-appeals an underlying order deciding that the statute of limitations had not run on Amidzich’s breach-of-fiduciary-duty claim, that he breached a fiduciary duty to Amidzich and that the ownership of certain patents should be returned to Amidzich. On both the appeal and cross-appeal, the parties really are attempting to retry the facts. That is not our role. Because the trial court’s rulings are supported by well-founded factual determinations, we must affirm the judgment. This opinion will not be published.

2010AP926 Silverstein v. Amidzich, et al.

Dist I, Milwaukee County, Sankovitz, J., Per Curiam

Attorneys: For Appellant: Silverstein, Allen, Wauwatosa; For Respondent: Brady, John P., Delafield

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