By: WISCONSIN LAW JOURNAL STAFF//August 27, 2013//
Wisconsin Court of Appeals
Civil
Contracts — breach
Greve Construction, Inc., Jacki Bollendorf, and Jami Murray (collectively, Greve) appeal a small claims judgment in favor of Zeitler Plumbing & Septic Service, Inc. Greve argues the circuit court erroneously exercised its discretion by making factual findings and limiting evidence consistent with those findings before Greve presented its defense.
Greve also argues the circuit court’s factual findings are clearly erroneous. We conclude the circuit court’s ultimate factual determination is erroneous, the court erred by making a factual finding mid-trial, and the errors are not harmless. We therefore reverse and remand for a new small claims hearing. This opinion will not be published.
2013AP718 Zeitler Plumbing & Septic Service Inc. v. Greve Construction Inc. et al.
Dist III, Menominee County, Habeck, J., Mangerson, J.
Attorneys: For Appellant: De Vos, Robyn J., Wausau; For Respondent: Nelson, Corey A., Shawano