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Judgment Award
By: Derek Hawkins//May 29, 2019//
Listen to this articleWI Court of Appeals – District IV
Case Name: Butler Plaza, LLC, v. David Curtis, et al.
Case No.: 2018AP1612
Officials: FITZPATRICK, J.
Focus: Judgment Award
David Curtis and Maurice Goodwin (whom I will sometimes refer to collectively as “the tenants”) appeal a money judgment entered by the Dane County Circuit Court in favor of their former landlord, Butler Plaza, LLC. Butler Plaza initiated this action to recover unpaid rent after the tenants vacated the premises. Curtis and Goodwin contend that Butler Plaza accepted their surrender of the premises, thereby releasing them from further liability for rent. The tenants further assert that the circuit court’s finding that Butler Plaza made efforts to mitigate damages was clearly erroneous. Because I conclude that Butler Plaza did not accept the tenants’ surrender of the premises, and the circuit court’s finding that Butler Plaza made efforts to mitigate damages was not clearly erroneous, the judgment of the circuit court is affirmed.
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.
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