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10-8050 CE Design Limited v. King Architectural Metals, Inc.
Civil Procedure Class actions Where doubts about a named plaintiff in a class action threaten the interests of the rest of the class, it was error to certify the class. “The record raises serious doubts concerning the truthfulness of Pezl’s testimony about his familiarity with the terms of the contract with the Blue Book. The […]
10-1420 Joseph v. Elan Motorsports Technologies Racing Corp.
Civil Procedure Amended complaints; relation-back doctrine Where a corporation knew that the plaintiff meant to sue it rather than a similarly named sister corporation, the amended complaint naming it as defendant relates back to the original complaint. “Elan Inc. knew that Wardrop meant to sue it rather than Elan Corp. He meant to sue the […]
2010AP1227 Honeyager, et al. v. City of New Berlin
Civil Procedure Pleadings; amendment William and Elaine Honeyager and WED Development, LLC, sued the City of New Berlin for breach of the duty of good faith in a development agreement. On the morning of trial, at the City’s request, the trial court effectively changed the Honeyagers’ claim from one of breach to one of property […]
2010AP1227 Honeyager, et al. v. City of New Berlin
Civil Procedure Pleadings; amendment William and Elaine Honeyager and WED Development, LLC, sued the City of New Berlin for breach of the duty of good faith in a development agreement. On the morning of trial, at the City’s request, the trial court effectively changed the Honeyagers’ claim from one of breach to one of property […]
2010AP1633 Haugen v. Nehls
Civil Procedure Appeal; findings of fact Gail M. Haugen appeals from a judgment of the circuit court dismissing her small claims action against David A. Nehls, d/b/a Nehls Home Improvement. We conclude that the circuit court made proper findings of fact and we affirm the circuit court on these grounds. This opinion will not be […]
2010AP1765 Richardson v. Henderson
Civil Procedure Sanctions; safe harbor provision Trevor Richardson appeals from a circuit court order granting Richard Henderson’s motion for sanctions and ordering Richardson to pay $2500 toward Henderson’s attorney fees. Richardson challenges the circuit court’s order on grounds that Henderson and the circuit court did not follow proper procedure under Wis. Stat. § 802.05 and […]
10-2713 Abner v. Scott Memorial Hospital
Civil Procedure Appeal; length of brief; sanctions Flagrant violations of FRAP 32 may warrant dismissal of the appeal. “The flagrancy of the violation in this case might well justify the dismissal of the appeal: let this be a warning. But in addition it is plain from the briefs that the appeal has no merit. To […]
10-2193 Aldridge v. Forest River, Inc.
Civil Procedure Pleadings; amendment Where the trial would need to be adjourned and discovery conducted, it was not an abuse of discretion to deny a mid-trial motion to amend the pleadings. “Clearly, the district court was well within its discretion to deny Aldridge’s motion for leave to file an amended complaint because defendants did not […]
2010AP1672 Cmelo v. Donovan
Civil Procedure Personal jurisdiction; waiver Patricia Donovan, pro se, appeals a circuit court order affirming a harassment injunction entered against her by a family court commissioner. Donovan argues the circuit court erred by failing to hold an evidentiary hearing on the issue of personal jurisdiction and by ignoring Wisconsin law on evidentiary requirements in Internet […]
10-3279 In re: Bergeron
Civil Procedure Mandamus; judicial recusal Where a party did not seek to stay district court proceedings after the judge declined to recuse herself, and the case has concluded, the petition for mandamus is denied. “Although he asked us for mandamus before Judge Barker concluded the contempt proceeding by her award of sanctions to Eppley, Bergeron […]
2010AP1252 American Family Mutual Ins. Co., et al. v. Goodman Manufacturing Company, et al.
Civil Procedure Spoliation; sanctions At issue in this appeal is whether the trial court erroneously dismissed Goodman Manufacturing Company (Goodman) from a subrogated claim brought by American Family Mutual Insurance Company (American Family) as a sanction against Donovan & Jorgenson, Inc. (Donovan) for the spoliation of evidence. Because we conclude that the trial court did […]
2009AP1953 Commerce Bluff One Condominium Association, Inc., v. Dixon
Civil Procedure Amended pleadings It was not an abuse of discretion not to allow a party to amend its pleadings two-and-a-half years into the case. “[W]e cannot say that the circuit court’s lucid explanation in applying the facts and contentions to those legal principles was an erroneous exercise of discretion. As the circuit court pointed […]
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