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IVANCEVIC v. REAGAN

No. 2012AP2294.

839 N.W.2d 416 (2013)

2013 WI App 121

Niksa IVANCEVIC and Kelly D. Ivancevic, Plaintiffs-Appellants-Cross-Respondents, v. Ronald C. REAGAN and Debra L. Reagan, Defendants-Third-Party Plaintiffs-Respondents-Cross-Appellants, v. Lemel Homes, Inc. and Cincinnatti Ins. Co., Third-Party Defendants-Fourth-Party Plaintiffs, v. Koll Contracting, LLC, American Family Mutual Ins. Co., Citywide Insulation of Madison, Inc., Zurich American Ins. Co., Phase One Carpenter Contractors, Inc. and Rural Mutual Ins. Co., Fourth-Party Defendants.

Court of Appeals of Wisconsin.

Opinion Filed September 17, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross respondents, the cause was submitted on the briefs of Richard H. Schulz , of Schulz Legal Services LLC, Milwaukee.

On behalf of the defendants-third-party plaintiffs-respondents-cross-appellants the cause was submitted on the briefs of Mark P. Murphy , Milwaukee.

Before FINE, KESSLER and BRENNAN, JJ.

BRENNAN, J.

¶ 1 Niksa and Kelly Ivancevic appeal from a circuit court judgment entered after the court granted Ronald and Debra Reagan's motion for summary judgment, dismissing the Ivancevics' mutual-mistake claim. We affirm the circuit court's decision, concluding that the doctrine of mutual mistake was unavailable to the Ivancevics because, even if the Ivancevics are correct in their assertion that both parties were unaware that the ventilation system in the...

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