Breach of Settlement

By: Derek Hawkins//July 17, 2018//

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WI Court of Appeals – District II

Case Name: Susan L.J. Bemis v. Robert Melzer

Case No.: 2017AP1828

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ

Focus: Breach of Settlement

Susan L.J. Bemis appeals from an order denying her “Petition for Enforcement of Settlement Agreement and Remedy of Breach,” by which she sought specific performance of “Paragraph 14” of the settlement agreement between her and Robert Melzer, as well as her costs and attorneys’ fees incurred in seeking relief. The circuit court denied Susan’s request for specific performance, based on equitable considerations and on its finding that Melzer had not substantially breached his obligations or acted in bad faith and, consequently, concluded she was not entitled to attorneys’ fees or costs. 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.

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