By: Derek Hawkins//May 20, 2020//
WI Court of Appeals – District IV
Case Name: Marwood Corporation, et al. v. Janesville Spatz Limited Partnership
Case No.: 2019AP1408
Officials: FITZPATRICK, P.J.
Focus: Eviction – Equitable Estoppel
Marwood Corporation and the Gloria Woodman Survivor’s Trust, by its trustee, Jeffrey Woodman (which will be referred to collectively as “Marwood”), appeal an order of the Rock County Circuit Court denying Marwood’s motion for summary judgment on Marwood’s eviction claim against Janesville Spatz Limited Partnership (“Spatz”) and granting Spatz’s request on summary judgment that Marwood’s eviction claim be dismissed. The circuit court determined that Marwood is equitably estopped from asserting its eviction claim against Spatz.
I affirm the circuit court’s summary judgment order, but for a reason different than that given by the circuit court. I conclude that Marwood’s eviction claim fails because Marwood was required to provide to Spatz a notice of default to terminate the tenancy pursuant to WIS. STAT. § 704.17(3)(a), but failed to provide proper notice under that statute.