(Download) "Buckeye Retirement Co., LLC, Ltd. v. Bank of America" by Wisconsin Court of Appeals " eBook PDF Kindle ePub Free

eBook details

Title: Buckeye Retirement Co., LLC, Ltd. v. Bank of America
Author : Wisconsin Court of Appeals
Release Date : January 26, 2007
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

In this garnishment case, the trial court determined appellee Bank of America, N.A. (the "Bank") did not possess any property of the judgment debtor relevant to the garnishment proceeding. On appeal, appellant Buckeye Retirement Co., LLC, LTD. ("Buckeye") alleges (1) the trial court erred in striking its first amended petition; (2) the trial court erred in limiting certain discovery; (3) the trial court erred in failing to apply a spoliation presumption in its favor; (4) the evidence is legally and factually insufficient to support the trial courts finding that the Bank was not in possession of any property of judgment debtor Thomas J. Lykos, Jr.; and (5) the trial court erred in failing to make findings of fact and conclusions of law concerning spoliation. In a cross-issue, the Bank claims it is entitled to recovery of its attorneys fees. We affirm the trial courts judgment.