Abuse of Discretion – Court Error

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WI Court of Appeals – District III

Case Name: Ronald Magnin, et al. v. Magnin Whole Corporation, et al.

Case No.: 2018AP887

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

Focus: Abuse of Discretion – Court Error

Ronald and Jayson Magnin appeal a judgment, entered following a bench trial, dismissing their claims against the Magnin Whole Corporation (the Corporation), seven of the Corporation’s individual members, and the Estate of Michael Magnin. The claims at issue arose out of the Corporation’s assertion that it had expelled Ronald from its membership. Ronald refused to acknowledge his expulsion, and he and his son, Jayson, ultimately filed a lawsuit asserting claims for quiet title to the Corporation’s real property, breach of fiduciary duty, judicial dissolution of the Corporation, and partition of the Corporation’s real property.

Ronald and Jayson now argue the circuit court erred by determining that: (1) the Corporation lawfully expelled Ronald from its membership; and (2) Jayson voluntarily withdrew his membership from the Corporation. We 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.