Abuse of Discretion – Breach of Lease

By: Derek Hawkins//September 30, 2020//

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WI Court of Appeals – District I

Case Name: Chalet at the River, LLC, v. Devonzell Holdingsworth d/b/a Crab it Your Way

Case No.: 2019AP2241

Officials: BRASH, P.J.

Focus: Abuse of Discretion – Breach of Lease

Devonzell Hollingsworth d/b/a/ Crab It Your Way (“Hollingsworth”) appeals a judgment by the trial court for a writ of restitution of premises leased by Hollingsworth and owned by Chalet at the River, LLC (the “Chalet”). The trial court held that Hollingsworth had breached his lease with the Chalet, specifically with regard to a provision that required Hollingsworth to maintain the common area bathrooms.

After reviewing the record, we conclude that the trial court did not make findings sufficient to demonstrate that it properly exercised its discretion in finding that Hollingsworth had breached the lease. We therefore reverse the judgment for the writ of restitution of the premises, and remand this matter for further proceedings consistent with this opinion.

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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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