Estate – Sufficiency of Evidence

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WI Court of Appeals – District III

Case Name: Estate of Brent J. Roppe v. Jon L. Roppe, et al.

Case No.: 2018AP1116

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

Focus: Estate – Sufficiency of Evidence

After being diagnosed with terminal cancer, Brent Roppe executed a financial power of attorney (POA) naming his sister-in-law, Jeanette Colbert-Roppe, as his agent. In her capacity as Brent’s agent, Jeanette executed a quit claim deed transferring ownership of Brent’s home to Jon Roppe—who was Brent’s brother and Jeanette’s husband. Brent later sued Jon and Jeanette, seeking rescission of the quit claim deed and asserting a claim for theft by fraud. Brent’s estate (“the Estate”) was ultimately substituted as plaintiff, and the circuit court later granted the Estate partial summary judgment, concluding Jeanette’s execution of the quit claim deed violated both WIS. STAT. § 244.41(1)(b) (2017-18) and the terms of the POA. Following a bench trial, the court found that Jon and Jeanette had committed theft by fraud. The court rescinded the quit claim deed and awarded the Estate damages, including $25,000 for Brent’s emotional distress.

Jon and Jeanette now appeal, arguing: (1) the circuit court erred by refusing to consider evidence extrinsic to the POA when ruling on the Estate’s motion for partial summary judgment; (2) the court erred by determining no expert testimony was necessary to support the Estate’s claim for Brent’s emotional distress; and (3) the evidence was insufficient to support the court’s finding that Jon and Jeanette committed theft by fraud. We reject these arguments and 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.