Injunction – Sufficiency of Evidence

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WI Court of Appeals – District III

Case Name: Aurora Summerhill, et al. v. Dennis M. Lins

Case No.: 2019AP274; 2019AP275; 2019AP276

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

Focus: Injunction – Sufficiency of Evidence

In these consolidated cases, Dennis Lins appeals from orders denying his motions for relief from harassment injunctions entered in favor of Jennifer, Aurora, and Gabriella Summerhill. Lins contends the circuit court erred, for a number of reasons, in denying his motions.

We affirm the circuit court’s denial of Lins’ motion for relief from the injunction entered in favor of Summerhill on the grounds that, due to Lins’ failure to timely appeal that injunction, we lack jurisdiction to consider Lins’ appellate argument that insufficient evidence supported the injunction. We reverse the orders denying Lins’ motions for relief from the injunctions granted in favor of Aurora and Gabriella, however, because the court failed to hold evidentiary hearings before granting the injunctions, and the injunctions are therefore void. We remand with instructions that those two injunctions be vacated.

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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.