Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: Antonio Soria v. Classic Custom Home of Waunakee, Inc.

Case No.: 2017AP1693

Officials: Lundsten, P.J., Blanchard and Fitzpatrick, JJ.

Focus: Sufficiency of Evidence

This case arises out of a dispute between Antonio Soria and Classic Custom Homes of Waunakee, Inc. (Custom Homes) about Custom Homes’ refusal to pay Soria for amounts purportedly due on three house painting contracts. Soria sued Custom Homes in the Dane County Circuit Court, and a jury found that, because of Custom Homes’ refusal to pay Soria: Custom Homes breached its contracts with Soria; Custom Homes was unjustly enriched; and Custom Homes committed theft by contractor in violation of WIS. STAT. § 779.02(5) (2017-18).

Custom Homes appeals the circuit court’s order that vacated a previous order. The earlier order dismissed each of Soria’s causes of action that concerned one of the painting contracts. The dismissal was based on an alleged accord and satisfaction between Soria and Custom Homes. We affirm the circuit court’s order vacating the previous order because the vacated order improperly infringed on Soria’s right to a jury trial on the accord and satisfaction issue. Custom Homes also appeals an order of the circuit court that denied Custom Homes’ postverdict motion to change the jury’s answers to special verdict questions concerning one element of Soria’s theft by contractor claims. Custom Homes contends that Soria failed to present any credible evidence that its failure to pay Soria was without the consent of the owners of the land, which is an element of a theft by contractor claim. We conclude that the record contains no credible evidence to support the jury’s answers concerning the consent of the owner element. As a result, we reverse the circuit court’s order denying Custom Homes’ request to change the answers to those special verdict questions. Soria also requests an order for the payment of his attorney fees for defending against Custom Homes’ appeal because, according to Soria, Custom Homes’ entire appeal is frivolous. We deny Soria’s motion.

Soria cross-appeals orders of the circuit court denying his motions for: pre-judgment interest and double statutory costs pursuant to WIS. STAT. § 807.01(3); pre-judgment interest pursuant to WIS. STAT. § 138.04; and for the payment, pursuant to WIS. STAT. § 804.12(3), of some of Soria’s attorney fees incurred in this action. We reverse the circuit court’s decision regarding prejudgment interest requested pursuant to § 138.04, but otherwise affirm the circuit court’s decisions on the remaining issues raised in Soria’s cross-appeal. Therefore, we affirm in part, reverse in part and remand for further proceedings consistent with this opinion.

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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.