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Property – landlord-tenant – eviction

Wisconsin Court of Appeals


Property – landlord-tenant – eviction

APPEAL from orders of the circuit court for Dane County:  JOHN W. MARKSON, Judge.  Affirmed.

Michael Shapiro appeals the circuit court’s orders on summary judgment dismissing all of his claims against two accountants, two attorneys, and their respective firms.  Shapiro contends that the court erred when the court dismissed the complaint as to all defendants.  However, Shapiro fails to address in his principal brief one of the grounds relied on by the court, namely, that the complaint does not describe the circumstances constituting alleged fraud by the defendants with particularity, as required by Wis. Stat. § 802.03(2) (2011-12). This failure is fatal to Shapiro’s appeal.  Accordingly, we affirm the circuit court on this ground.  We further observe that if we were to reach the merits on this ground, we would likely conclude that the complaint does not meet the heightened pleading specificity requirements of § 802.03(2), based on the short argument on this topic presented in Shapiro’s reply brief.

DISTRICT IV; Dane County; JOHN W. MARKSON, Blanchard, P.J., Lundsten, Sherman, JJ.

2014AP001338 Dr. Michael B. Shapiro v. Rick Vanden Heuvel CPA, S.C.

Attorneys: For Appellant: Erhard, Michael P., Watt, Nicholas C. For Respondent: Huibregtse, Bruce D., Grimmer, Kim, Richter, Ward I., Williams, William C., Intervenor:  Covelli, Claude J.

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