Power of Attorney Breach – Time-Barred Claims

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WI Court of Appeals – District IV

Case Name: Michael W. Coyle, et al v. Amanda K. Coyle

Case No.: 2013AP2551

Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ

Focus: Power of Attorney Breach – Time-Barred Claims

Michael Coyle, Jacqueline Coyle, Jon Coyle, and Amanda Coyle are the children of Hubert Coyle, who died in 2007. After Hubert died, the Siblings sued Amanda, alleging that she had, between 1996 and 2007, engaged in identified wrongful acts that reduced the value of Hubert’s estate, and, thereby, reduced the shares of the estate bequeathed to the Siblings in Hubert’s will. After a bench trial and post-trial briefing, the circuit court found Amanda liable for breach of her duties under the power of attorney, exercising undue influence over her father, and conversion and theft under WIS. STAT. § 895.446(1) (2015-16), and awarded damages to the Siblings. Amanda appeals, arguing that: (1) the Siblings’ claim for breach of duty under the power of attorney is time-barred; (2) the Siblings’ claim for undue influence is time-barred; (3) the Siblings lack standing to bring their claim for conversion and theft; (4) the Siblings’ claim for damages under WIS. STAT. § 895.446 is time-barred; and (5) even if the Siblings are entitled to damages on their claim for conversion and theft under § 895.446, any damages arising from pre-2005 disbursements are time-barred. As we explain, we conclude that Amanda has forfeited all of the arguments that she makes on appeal by failing to timely preserve them in the circuit court.  Therefore, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.