By: Derek Hawkins//December 25, 2018//
WI Court of Appeals – District II
Case Name: Robert D. Stewart v. Estate of Robert T. Stewart, et al.
Case No.: 2017AP1564
Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.
Focus: Estate – Gravel Pit Rent
Robert D. Stewart (hereafter Bobby) appeals from a circuit court order setting his obligation for accrued rent on a gravel pit he leased from the decedent, his father Robert T. Stewart. The circuit court also determined that Bobby’s brother, Ronald Stewart, did not owe rent for the time Ronald lived in a residence owned by the decedent. We affirm the circuit court’s determination that Bobby owed gravel pit rent to the estate as calculated by the circuit court. However, we reverse that portion of the circuit court’s order relieving Ronald of residential rent because Ronald has not contested arguments made in this court by Bobby and the estate that the court erroneously absolved him of rent. We remand to the circuit court for further proceedings relating to Ronald’s rent obligation.