Court Error – Settlement Agreement Terms

By: Derek Hawkins//January 14, 2020//

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WI Court of Appeals – District II

Case Name: David A. George, et al. v. Mark R. Triatik

Case No.: 2018AP1407

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Court Error – Settlement Agreement Terms

David A. George and Susan M. George appeal from an order of the circuit court (1) denying their motion to enforce the terms of a settlement agreement against neighboring property owner, Mark R. Triatik; (2) granting Triatik’s motion to enforce the settlement agreement against the Georges; and (3) determining that the settlement agreement did not allow the Georges to recover consequential damages for Triatik’s earlier default of performance. The Georges argue that the circuit court improperly relied on a neutral third-party engineer’s verification of performance in determining compliance with the settlement agreement’s terms. 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.

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