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WI Court of Appeals Digest

May 23, 2017

Court Authority – Sanctions

Central Bank appeals judgments awarding Viking Electric Supply, Inc. (Viking) and J.H. Larson Electrical Company (Larson) the reasonable costs and attorney fees they incurred as a result of Central Bank proffering false affidavits during this litigation.

May 23, 2017

Statutory Interpretation

American International South Insurance Company (AISIC) appeals an order granting plaintiffs’ summary judgment motion and ordering AISIC to pay $684,499.14 in interest on its delayed payment on the underlying claim in this case.

May 23, 2017

Monetary Damages – Court Error – Indemnification

Millis Transfer, Inc. (Millis) and its insurer, Zurich American Insurance Company (Zurich), appeal a summary judgment awarding money damages in favor of MillerCoors LLC (MillerCoors).

May 17, 2017

Court Error – Admission of Evidence

Shawn Forgue appeals the judgment of conviction entered after a jury verdict finding Forgue guilty of misdemeanor battery (domestic abuse) and misdemeanor disorderly conduct (domestic abuse), and the order of restitution.

May 17, 2017

Breach of Contract – Waiver of Claims

Terry Sullivan appeals an order of the circuit court granting summary judgment in favor of American Family Mutual Insurance Company, American Family Life Insurance Company, and American Standard Insurance Company of Wisconsin (collectively, American Family).

May 17, 2017

Power of Attorney Breach – Time-Barred Claims

Michael Coyle, Jacqueline Coyle, Jon Coyle, and Amanda Coyle are the children of Hubert Coyle, who died in 2007. After Hubert died, the Siblings sued Amanda, alleging that she had, between 1996 and 2007, engaged in identified wrongful acts that reduced the value of Hubert’s estate, and, thereby, reduced the shares of the estate bequeathed to the Siblings in Hubert’s will.

May 17, 2017

Ineffective Assistance of Counsel

The State appeals from an order of the circuit court which, after a Machner hearing, vacated the judgment of conviction finding Anthony R. Pico guilty of first-degree sexual assault and ordered a new trial based on Pico having received ineffective assistance of counsel at trial.

May 17, 2017

Breach of Fiduciary Duty – Statute of Limitations

Michael Trewin, pro se, appeals a judgment granting Darryel and Mary Hearley rescission of a 2005 conveyance of real property to Trewin, based on Trewin’s breach of his fiduciary duties as the Hearleys’ attorney.

May 17, 2017

Personal Injury – Co-employee immunity

Nancy Fitzgerald appeals a summary judgment dismissing her personal injury action against Karen Capezza and Secura Insurance Companies.

May 17, 2017

Sentencing – Judge Bias

John Phillips, Sr., appeals a judgment of conviction for threatening a judge and identity theft, as well as an order denying his postconviction motion.

May 17, 2017

Spousal Maintenance

John F. Kastner appeals from a judgment of divorce, in which the circuit court struck John’s contest posture with regard to his request for property division and maintenance because John failed to comply with discovery demands.

May 9, 2017

Sentence Modification – Motion to Withdraw as Counsel

Timothy Stewart, pro se, appeals a judgment of conviction and an order denying postconviction relief.

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