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TEN MILE INVESTMENTS, LLC v. SHERMAN

No. 2006AP353.

743 N.W.2d 442 (2007)

2007 WI App 253

TEN MILE INVESTMENTS, LLC, Jeffrey M. Hennekens and Timothy J. Burns, Plaintiffs-Respondents-Cross-Appellants, v. Berton D. SHERMAN, Defendant, Cynthia Siciliano, Defendant-Third-Party Plaintiff-Appellant-Cross-Respondent, v. Leonard G. Nauman, Third-Party Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed November 29, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-third-party plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of J. Drew Ryberg, Michael J. Happe and Kathryn E. Wahl of Ryberg & Happe, S.C., Eau Claire.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Craig S. Hunter of Northland Law, Duluth, Minnesota.

Before HIGGINBOTHAM, P.J., DYKMAN and LUNDSTEN, JJ.

¶ 1 HIGGINBOTHAM, P.J.

On July 1, 2005, a new version of WIS. STAT. § 802.05 (2005-06)1 became effective. That statute authorizes sanctions for certain conduct during litigation. Ten Mile Investments, LLC sued Cynthia Siciliano seeking specific performance for her refusal to close on a real estate transaction between the parties. Siciliano counterclaimed also seeking specific performance, alleging Ten Mile and its chief manager...

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