By: Derek Hawkins//June 8, 2016//
WI Court of Appeals – District IV
Case Name: Ross Shrago v. Sean P. Burke. Et al
Case No.: 2014AP2462; 2015AP572
Officials: BLANCHARD, J.
Focus: Eviction
In this consolidated appeal from two eviction actions, tenants Sean Burke and Marilyn Martin2 appeal two grants of summary judgment ordered by two circuit court judges for Burke’s failure to pay rent to landlord Ross Shrago during two distinct time periods. As to the first eviction action, Burke argues that the court erred in rejecting Burke’s retaliation defense. As to the second eviction action, Burke argues that the court erred in rejecting his “plea in abatement” defense under WIS. STAT. § 802.06(2)(a)10. and his claim preclusion defense. Burke also asserts that it was “basically unfair” for the court to require a bond for the appeal of the second eviction.” Affirmed