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Breach of Contract.

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: Z Fish Shanty, LLC, v. Chad J. Koch, et al.

Case No.: 2017AP2388

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

Focus: Breach of Contract

Z Fish Shanty, LLC, appeals an order dismissing its suit for breach of contract, specific performance, and deceptive advertising and granting judgment to Chad Koch and Elizabeth Armstrong (collectively "Koch") on their counterclaim for breach of contract. Z Fish argues the circuit court erred by denying its summary judgment motion seeking specific performance of the real estate contract. Z Fish also challenges the circuit court's findings of fact and conclusions of law related to the condition of the property. We reject these arguments and affirm the order. Further, because we conclude that the appeal is frivolous, we grant Koch's motion for costs and reasonable attorney fees and remand this matter to the circuit court to determine the proper amount. See Lessor v. Wangelin, 221 Wis. 2d 659, 669, 586 N.W.2d 1 (Ct. App. 1998).

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson's international trademark portfolio in emerging markets. [/box]

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Publication:Wisconsin Law Journal
Date:Mar 5, 2019
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