Court Error – Retaliatory Eviction

By: Derek Hawkins//March 22, 2018//

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WI Court of Appeals – District IV

Case Name: Kim W. McCutchin v. Terri Morrow p/k/a Terri Laws

Case No.: 2017AP1407

Officials: KLOPPENBURG, J.

Focus: Court Error – Retaliatory Eviction

Terri Morrow appeals a judgment of eviction entered against her for her failure to pay rent to her landlord, Kim McCutchin. I affirm the judgment. Morrow argues that the circuit court erred because: (1) it did not determine whether the eviction was retaliatory, and in violation of WIS. STAT. § 704.45(1), and (2) it “ordered [Morrow] to vacate the premises on a date certain in the absence of a request for and issuance and service of a writ of restitution.” McCutchin argues that the circuit court properly disregarded Morrow’s retaliatory eviction defense because of her undisputed failure to pay rent, and that a writ of restitution was not required in this case or, alternatively, any harm by failing to issue a writ was harmless.

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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.

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