Property — equitable liens — constructive trusts

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Wisconsin Court of Appeals

Civil

Property — equitable liens — constructive trusts

Lawrence and Lorine Hartung appeal from an amended judgment imposing upon them an equitable lien by agreement and a constructive trust, both for the benefit of Universal Restoration Services, Inc. (URS). The Hartungs argue that the court’s amendment converting a previously imposed “equitable lien” (in the amount of $107,534.06) to an “equitable lien by agreement” and creating a constructive trust on this same amount was not supported by the court’s and jury’s findings. They further argue that they are entitled to an offset against the judgment amount based on a settlement between URS and codefendants insurer and insurance adjustor. We disagree and affirm. This opinion will not be published.

2012AP2207 Universal Restoration Services Inc. v. Hartung, et al.

Dist II, Racine County, Constantine, J., Per Curiam

Attorneys: For Appellant: Hinkston, Mark R., Racine; For Respondent: Arnold, Bradley M., Chicago, IL