Judgment Awards

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WI Court of Appeals – District III

Case Name: Gary W. Bakley v. Bruce Edgerton

Case No.: 2017AP2030

Officials: SEIDL, J.

Focus: Court Error – Judgment Awards

Bruce Edgerton appeals from a small claims money and replevin judgment entered in favor of Gary Bakley after a bench trial. First, Edgerton contends the circuit court erred in awarding the money judgment and dismissing his counterclaim alleging that Bakley failed to reimburse Edgerton for Edgerton’s payment of certain “broker fuel advances.” Second, Edgerton argues the circuit court erred in failing to order Bakley to refund Edgerton’s past payment on an “auxiliary power unit” (the “Unit”) when it granted Bakley replevin of the Unit. Bakley cross-appeals, arguing that the circuit court erred by declining to sanction Edgerton for a postjudgment motion that Bakley contends was frivolous.

We affirm the money judgment, the dismissal of Edgerton’s counterclaim, and the denial of Bakley’s motion for sanctions. We reverse the court’s determination regarding the refund of the payment on the Unit. On remand, we direct the circuit court to modify the replevin judgment and order Bakley to refund Edgerton for the payment as a condition of Bakley’s replevin of the Unit.