Sufficiency of Evidence-Breach of Contract

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WI Court of Appeals – District I

Case Name: F. Dustin Bowie v. Robert A. Settecase

Case No.: 2022AP001561

Officials: White, C.J., Donald, P.J., and Geenen, J

Focus: Sufficiency of Evidence-Breach of Contract

This case stems from a business dispute between two former business partners, Settecase and Bowie. The parties jointly owned Premier Milwaukee, LLC, which owned and operated a Milwaukee-area bar. Settecase appeals from a trial court order upholding a jury verdict in favor of his former business partner, Bowie. Settecase contends that the trial court erred in denying his motion for a directed verdict because there was insufficient evidence to uphold the verdict.

Settecase first claims that the trial court never should have allowed the matter to proceed to trial in the first place. However, a party who proceeds to trial waives the right to appeal an order denying his or her earlier motion for summary judgment. Settecase thus waived the right to appeal the order denying summary judgment.

As to Settecase’s claim that the jury’s verdict was unfounded, the appeals court  concludes that Settecase has not demonstrated any errors of law. The record before this court is limited to partial transcripts of the jury trial, therefore the appeals court felt that they could not fully assess the evidence presented at trial.

Affirmed.

Decided 12/12/23

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