Civil Procedure — summary judgment — local rules

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Wisconsin Court of Appeals

Civil

Civil Procedure — summary judgment — local rules

This is an asbestos-mesothelioma case, which the circuit court dismissed on summary judgment. John P. Gregovich, personal representative of the estate of George Gregovich, and Luanne Gregovich by John Gregovich, guardian of her person, and Sandra Budzien, guardian of her estate, appeal the orders granting summary judgment to sixteen defendants: (1) Cleaver-Brooks, Inc., (2) Honeywell International, Inc., (3) General Electric Company, (4) Eaton Corporation, (5) Aurora Pump, (6) ITT Corporation, (7) FMC Corporation and Sterling Fluid Systems; (8) Yeomans Chicago Corporation; (9) Lennox Industries, Inc., (10) Auer Steel & Heating Supply, (11) Milwaukee Stove & Furnace Supply Company, (12) Rockwell Automation, (13) Superior Boiler Works, Inc., (14) Crane Company, (15) Kohler Company, and (16) Weil-McLain. Except as noted in this opinion, we refer to the appellants as “Gregovich” and use the singular.

Gregovich contends that the circuit court erroneously exercised its discretion when it refused to consider the summary-judgment materials he submitted either because the response briefs were over the local-rule, 25-page limit or because Gregovich filed his summary-judgment materials a few days late.

We reverse the grant of summary judgment of all the defendants listed here, except Rockwell Automation and Lennox Industries, and remand with directions that the circuit court allow Gregovich to file its summary-judgment materials as to Superior Boiler Works, Inc., Crane Company, Kohler Company, and Weil-McLain and to consider Gregovich’s summary-judgment materials already filed as to the other defendants. The circuit court shall then, after consideration of the entire Record, decide the summary-judgment motions broken down as to each of these fourteen defendants. The breakdown shall identify whether genuine issues of material fact exist as to each defendant, and if genuine issues of material fact do exist, the circuit court shall specify what the disputed issues are as to each defendant. See Wis. Const. art. VII, § 5(3) (“The appeals court … shall have supervisory authority over all actions and proceedings in the courts of the district.”); Wis. Stat. § 752.02 (“The court of appeals has supervisory authority over all actions and proceedings in all courts except the supreme court.”).

We affirm the order granting summary judgment to Rockwell Automation because the circuit court accepted Gregovich’s summary-judgment materials opposing Rockwell’s summary-judgment motion as that response brief met the page limits, and because the trial court’s decision dismissing Rockwell was correct. We also affirm the order granting summary judgment to Lennox because Gregovich’s argument as to Lennox is not adequately developed. Publication in the official reports is not recommended.

2013AP1234, 2013AP2741 Estate of George Gregovich et al. v. Auer Steel & Heating Supply et al.

Dist I, Milwaukee County, Conen, J., Fine, J.

Attorneys: For Appellant: Tays, Ronald G., Milwaukee; Straus, Alex R., Mount Pleasant; For Respondents: Simpson, Arthur P., Milwaukee; Binder, Thomas J., Milwaukee; Gilligan, Thomas A., Jr., Saint Paul, Minn.; Griffin, Daniel Raymond, Chicago; Johanningmeier, Josh, Madison; Poland, Douglas M., Madison; Kemp, Matthew T., Milwaukee; Anderson, Carmen N., Milwaukee; Carlson, Steven Gustaf, Milwaukee; Gierke, Nora E., Wauwatosa; Thibodeau, Thomas R., Duluth, Minn.; Feriancek, Jerome D., Duluth, Minn.; Conrad, Christopher J., Waukesha; Carlson, Eric, Milwaukee; Terschan, Frank R., Milwaukee; Cabush, Thomas A., Milwaukee; Woehl, Dustin, Milwaukee