Frivolous Appeal-Real Property Partition

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WI Court of Appeals – District III

Case Name: Jeffrey Kuczmarski v. Erin Kuczmarski

Case No.: 2022AP000440

Officials: Stark, P.J., Hruz and Gill, JJ

Focus: Frivolous Appeal-Real Property Partition

Erin Kuczmarski and the Holly L. Harper Special Needs Trust (hereinafter, “the Holly Trust”) appeal a circuit court order requiring the sale of real property located in the Town of Crescent in Oneida County. Erin and the Holly Trust argue that the court erred by finding that partition of the property was impossible, by staying Erin and the Holly Trust’s motion for leave to file an amended counterclaim, and by finding that the property could be sold despite a portion of Jeffrey Kuczmarski’s garage being located on the property.

The appeals court ruled that Erin, the Holly Trust, and their attorney should have known, based on Anderson, the record in this case, and the arguments they actually advanced in the circuit court, that no reasonable basis existed, in either fact or law, to support their positions on appeal. Thus, the appeals court concludes that Erin and the Holly Trust’s entire appeal is frivolous.

Affirmed and remanded for costs

Decided 10/31/23

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