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Summary Judgment-Estate Dispute

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2024//

Summary Judgment-Estate Dispute

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2024//

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WI Court of Appeals – District III

Case Name: Victoria Finke v. Carl Totzke

Case No.: 2022AP000804

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

Focus: Summary Judgment-Estate Dispute

Victoria Finke appeals an order of the circuit court granting summary judgment in favor of Carl Totzke and C. Anthony Totzke. The court determined that the appropriate value for the estate of John Ferdinand Totzke’s 50% interest in an asset, Totzke Land, LLC (hereinafter, Totzke Land), was based on Totzke Land’s “book value” as defined in its operating agreement.

On appeal, Victoria argues that the circuit court was procedurally barred from granting summary judgment in favor of Carl and Anthony because the estate’s interest in Totzke Land was established in an inventory using its fair market value. Victoria also contends that Jeffrey Totzke, the personal representative of the estate, acted improperly by filing a summary judgment motion as opposed to “amending the [i]nventory to allow objection and an evidentiary hearing.” According to the court, Victoria fails to develop an argument as to why the circuit court’s finding that part of the operating agreement was ambiguous precluded summary judgment. Lastly, Victoria asserts that there were disputed issues of material fact which prevented the court from granting summary judgment. The court opines that Victoria does not explain why this particular fact is material.

Affirmed.

Decided 02/06/24

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