Sufficiency of Evidence

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WI Court of Appeals – District III

Case Name: David L. Fabry v. Kevin Jagiello, et al.

Case No.: 2018AP891

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sufficiency of Evidence

Kevin, Cheryl, David and Karen Jagiello (“the Jagiellos”) appeal a judgment, entered following a bench trial, determining that David Fabry acquired legal title to a parcel of land by adverse possession. The Jagiellos argue the evidence at trial was insufficient to establish adverse possession because: (1) the circuit court improperly relied on the existence of a fence erected by the common grantor from whom both the Jagiellos and Fabry acquired their property; and (2) absent the fence, the other evidence regarding Fabry’s use of the disputed parcel was insufficient to prove adverse possession.

We conclude the circuit court properly relied on the existence of the fence erected by the parties’ common grantor. We further conclude that the evidence at trial, viewed in its totality, was sufficient to establish that Fabry adversely possessed the disputed parcel. We therefore affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.