Property – replevin — storage fees

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Wisconsin Court of Appeals

Civil

Property – replevin — storage fees

Chris Nagel appeals a judgment granting John Dickson replevin of his vehicle. Dickson filed a complaint for replevin of his vehicle, which was in Nagel’s possession. Initially, the circuit court found that Nagel failed to return Dickson’s vehicle due to unpaid storage fees and granted Nagel a garage keeper’s lien under Wis. Stat. § 779.43(3). Dickson filed a motion for reconsideration. The circuit court granted Dickson’s motion and reversed its initial decision. In its decision on Dickson’s motion for reconsideration, the circuit court found that Nagel kept the vehicle due to unpaid repair charges that Dickson did not authorize, and that Nagel was not entitled to any storage fees. The circuit court then granted a judgment of replevin for Dickson.

On appeal, Nagel makes the following claims: (1) Dickson orally authorized all of the repairs that Nagel completed, and Nagel should therefore recover under quantum meruit for the repairs; (2) the circuit court erroneously exercised its discretion by granting Dickson’s motion for reconsideration and reversing its initial judgment; and (3) the circuit court erred when it determined that Nagel was not entitled to any storage fees. For the reasons stated below, I affirm. This opinion will not be published.

2013AP207 Dickson v. Nagel

Dist IV, Crawford County, Czajkowski, J., Kloppenburg, J.

Attorneys: For Appellant: Pittman, Galen W., La Crosse; For Respondent: Peterson, Mark A., Prairie du Chien