Wisconsin Supreme Court, 2005

Ammerman v. HAUDEN

Ammerman v. HAUDEN
Wisconsin Supreme Court · Decided June 17, 2005 · Roggensack
2005 WI 79; 281 Wis. 2d 709; 698 N.W.2d 609; 2005 Wisc. LEXIS 317

Ammerman v. HAUDEN

Opinion

PER CURIAM.

¶ 1. We dismiss the petition and cross-petition for review as improvidently granted.

¶ 2. Plaintiff, ROI Investments, petitioned, and defendants, Paddy Hauden and Susan Scholl, cross-petitioned this court for review of an unpublished decision of the court of appeals which affirmed in part and reversed in part the circuit court's judgment of $303,523.15 on counterclaims related to a failed real estate transaction.

¶ 3. The following issues were presented by the petition and cross-petition:

1. Did the circuit court properly award default judgment against the plaintiff, a partnership, because the partnership did not appear at trial with counsel even though two of the three partners appeared individually?
2. Did the circuit court properly award defendants damages based on loss-of-bargain?
3. Were defendants entitled to pre-judgment interest?

*711 ¶ 4. We accepted review primarily to address the issue of what constitutes an appearance in partnership law. After examination of the record and the briefs of the parties, and after hearing oral argument, we conclude that the record does not adequately present the principal question for which we took the case. Rather, the record demonstrates that the partners present at trial did not object to the numerous statements made by the circuit court indicating that there was no appearance on behalf of the partnership. Therefore, a default judgment was properly entered.

¶ 5. Accordingly, we determine that review in this case was improvidently granted, and we dismiss the petition and cross-petition for review.

By the Court. — Review of the decision of the court of appeals is dismissed.

¶ 6.

PATIENCE DRAKE ROGGENSACK, J., withdrew from participation.

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