Standing to Sue

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WI Court of Appeals – District IV

Case Name: Lake Arrowhead Association v. Estate of Opal Straub; Gary Harrop,

Case No.: 2020AP1860

Officials: KLOPPENBURG, J.

Focus: Standing to Sue

Lake Arrowhead Association, a homeowners’ association, commenced this small claims action seeking a money judgment for unpaid assessments and associated charges allegedly owed by Opal Straub on property in the Association. After hearing argument from the parties, the circuit court dismissed Preston Straub as a defendant, amended the case caption to name “The Estate of Opal Straub, the People’s Community Bank, by Gary Harrop, Special Administrator” as the sole defendant, and entered judgment in favor of the Association and against the Estate. Preston appeals. The Association argues that Preston lacks standing to appeal because he has no protectable interest affected by the judgment in that he was dismissed with no judgment entered against him and he neither owns the property nor has authority to act on behalf of the Estate. I agree and, therefore, this appeal is dismissed.

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Derek A Hawkins is Corporate Counsel, at Salesforce.