Court Error – Abuse of Discretion

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WI Court of Appeals – District I

Case Name: Daniel J. Hennessy, Jr., et al., v. Wells Fargo Bank, N.A.,

Case No.: 2019AP1206

Officials: Brash, P.J., Blanchard and Donald, JJ.

Focus: Court Error – Abuse of Discretion

Daniel Hennessy and Jane Hennessy appeal a circuit court order finding that a Mexican court judgment against the Hennessys is valid under Mexican law, and determining that Wells Fargo Bank, N.A., is entitled to domesticate the Mexican judgment in Milwaukee County Circuit Court, giving it effect in Wisconsin under principles of comity. On the valid-under-Mexican-law issue, the Hennessys argue that the circuit court clearly erred in finding key facts. We disagree and conclude that there is evidence in the record that would permit a reasonable person to make the same findings. On the comity issue, the Hennessys contend that the circuit court erroneously exercised its discretion in multiple ways. We reject this argument because we conclude that the court properly considered the facts of record under the proper legal standards and reasoned its way to a rational conclusion. Accordingly, 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.