Stipulated Judgment – Right to Appeal

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WI Court of Appeals – District II

Case Name: Roberts Premier Design Corp., v. Jeff Adams, et al.,

Case No.: 2019AP1706

Officials: Reilly, P.J., Gundrum and Davis, JJ.

Focus: Stipulated Judgment – Right to Appeal

This appeal arises out of a home construction dispute. The contractor, Roberts Premier Design Corp. (Premier Design) sued homeowners Jeff and Kelly Adams for nonpayment. The Adamses, in turn, counterclaimed against Premier Design and joined its owner, John Roberts, bringing claims for theft by contractor and/or breach of contract. Shortly before the scheduled trial, Roberts was criminally charged for the same conduct alleged in the Adamses’ civil suit. This led to a number of trial court rulings that Premier Design and Roberts (collectively, Appellants) now challenge on appeal. Before we reach those issues, however, we must address the more fundamental question of whether appeal rights are barred. That question arises because these issues come to us as an appeal from a stipulated judgment in the amount of $800,000, entered into pursuant to a settlement agreement.

The Adamses argue that, by stipulating to the judgment from which this appeal is taken, Appellants waived their right to appeal the issues they now raise. We agree. The settlement agreement purported, on its face, “to resolve the Lawsuit without the need for further litigation,” and it gave no indication that either party was reserving any right to appeal the stipulated judgment. Such an unqualified expression of intent cannot be considered anything other than a waiver of appeal rights. Accordingly, we dismiss this appeal.

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Derek A Hawkins is Corporate Counsel, at Salesforce.