Trusts – fraud — statute of limitations

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Wisconsin Court of Appeals

Civil

Trusts – fraud — statute of limitations

In this interlocutory appeal, Gordon Mueller appeals an order of the circuit court denying his motion for summary judgment on two claims brought against him by the beneficiaries of six trusts for which he previously served as trustee. The beneficiaries of the trusts brought suit against Mueller for breach of fiduciary duties and for intentional fraud. Mueller contends that summary judgment should have been entered in his favor because the claims against him are time barred. Mueller also contends that summary judgment should have been entered in his favor with respect to the beneficiaries’ intentional fraud claim because that claim was not pled with sufficient specificity and because it is not a valid claim. However, we do not reach this issue because we resolve the statute of limitations issue in favor of Mueller. Accordingly, we reverse the order denying Mueller’s motion for summary judgment and remand with directions. Not recommended for publication in the official reports.

2013AP518 Beck et al. v. Mueller

Dist IV, Waushara County, Slate, J., Sherman, J.

Attorneys: For Appellant: Lawrynk, Michael D., Appleton; For Respondent: Kyle, Thomas William, Watertown; Wieckowicz, Amanda L., Chetek; Kipp, Julie R., Watertown