Court Error – Damages

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WI Court of Appeals – District III

Case Name: LaVerne J. Springer v. Springer Bros., et al., 

Case No.: 2019AP249

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

Focus: Court Error – Damages

This appeal and cross-appeal involve a dispute between two brothers—LaVerne and Robert Springer—who formerly operated a family farm together through a partnership known as Springer Brothers (“the Partnership”). Following a jury trial, the circuit court entered a judgment awarding LaVerne $10,500 in damages for Robert’s breach of his fiduciary duty to LaVerne. After a subsequent bench trial, the court entered a second judgment that dissolved the Partnership; partitioned the Partnership’s real estate; and awarded LaVerne an additional $13,020.50 in damages for income the court found Robert diverted from the Partnership.

We conclude the circuit court erred when it determined the Partnership had obtained sole title, via adverse possession, to certain real estate partially owned by two of LaVerne and Robert’s siblings. The court was required, but failed, to determine whether the Partnership’s use of the land was hostile, open and notorious, exclusive, and continuous. We therefore reverse and remand for the court to make that determination. If the court determines the Partnership did not obtain sole title to the relevant property via adverse possession, it must reconsider the manner in which it partitioned the Partnership’s real estate.

We further conclude that the circuit court erred by considering anew during the bench trial items of damages that the jury had already considered during the jury trial. We therefore reverse the court’s award to LaVerne of $13,020.50 for LaVerne’s share of the proceeds from the sales of timber harvested from the Partnership’s land. We affirm in all other respects.

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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.