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• Child Care/ Statutes/ Pleas/ Plea Colloquy/ Plea Withdrawal/ Knowingly, Voluntarily & Intelligently/ Criminal Law/ Sentencing
  
  State v. Kaltenberg
  Docket: 2009AP000092 12-17-09
  

  BRIDGE, J. Kristy Kaltenberg appeals from a judgment of conviction and an order of the circuit court denying her postconviction motion to withdraw her pleas of no contest to four counts of providing child care to more children than is permitted under WIS. STAT. § 48.65(1), and to vacate the court's imposition of jail as a condition of her probation for one of the charges to which she pled. Kaltenberg contends that plea withdrawal is appropriate in this case because: (1) the plea colloquy was defective under State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), and its progeny, and the State failed to prove by clear and convincing evidence that her pleas were nonetheless entered knowingly, voluntarily, and intelligently; and (2) her plea was infirm as a result of the ineffective assistance of her trial counsel. She further contends that reversal of that portion of her sentence imposing six months in jail as a condition of probation was inappropriate because the condition was punitive rather than rehabilitative. We affirm.
• Contracts/ Summary Judgment/ Dismissal Of Parties/ Defenses/ Statutes/ Misrepresentation/ Administrative Regulations
  
  Sullivan v. Architectural Metals, L.L.C.
  Docket: 2008AP000970 12-17-09
  

  VERGERONT, J. This appeal arises out of a contract dispute between general contractor Kenneth F. Sullivan Company and homeowners Kenneth Keryluk and Melissa Wee (the Keryluks), who retained Sullivan to construct a large home. The Keryluks counterclaimed and also filed third-party complaints against a number of parties, including Sullivan's President Robert Riley, a licensed professional engineer, and Vice-President Thomas Knoop, a licensed architect. At issue on this appeal is the circuit court's grant of summary judgment dismissing Riley and Knoop. The court concluded that the Keryluks failed to present sufficient evidence to rebut Riley and Knoop's prima facie showing that they did not provide or supervise professional engineering or architectural services on the Keryluks' home and thus were not personally liable for the alleged damages.
• Criminal Law/ Evidence/ Traffic Stops/ Arrest, Search & Seizure/ Constitutional Law
  
  State v. Deffke
  Docket: 2008AP002882 12-15-09
  

  PER CURIAM. David Deffke appeals from a judgment of conviction for three counts of burglary, entry into a locked vehicle, criminal damage to property and two counts of misdemeanor theft, all as party to a crime. Deffke argues the circuit erred by denying his motion to suppress evidence obtained after a traffic stop was concluded. We agree. We therefore reverse and remand for further proceedings.
• Criminal Law/ Motor Vehicle Law/ Plea Colloquy/ Ineffective Assistance Of Counsel/ Pleas/ Plea Withdrawal/ Knowingly, Voluntarily & Intelligently
  
  State v. Scolman
  Docket: 2009AP001133 12-15-09
  

  KESSLER, J. Joshua James Scolman appeals from judgments convicting him of numerous offenses arising out of a fatal drunk-driving accident and his subsequent threats and firing of a gun. He also appeals from orders denying his motion for post-conviction relief, including an order entered after we reversed and remanded this case for a Machner hearing. We affirm.
• Criminal Law/ New Trial/ Prosecutorial Closing Argument/ Constitutional Law-Double Jeopardy/ Ineffective Assistance Of Counsel
  
  State v. Rayford
  Docket: 2007AP002777 12-17-09
  

  PER CURIAM. Vonderrick Rayford appeals a judgment of conviction and an order denying his motion for postconviction relief. We affirm.
• Employment Law/ Arbitration/ Agencies/ Collective Bargaining Contract
  
  W.L.E.A. v. State of Wisconsin
  Docket: 2009AP000548 12-17-09
  

  DYKMAN, P.J. The State of Wisconsin Department of Transportation (DOT) appeals from a circuit court order that vacated part of an arbitration award denying grievances submitted by the Wisconsin Law Enforcement Association, Local 1 (WLEA) after DOT disallowed meal reimbursement for state troopers and inspectors working eight-hour shifts more than fifteen miles from their headquarters. DOT argues that the arbitration award must be upheld because the arbitrator did not exceed her authority in interpreting the parties' collective bargaining agreement (CBA) to allow DOT to deny meal reimbursement during eight-hour shifts. WLEA responds that the arbitrator exceeded her authority by nullifying the meal reimbursement provision of the CBA, and argues that parts of the arbitration award that the circuit court affirmed must be vacated as well. We conclude that the only issue properly raised here is whether the arbitrator acted appropriately in making the decision that the circuit court vacated. We further conclude that the arbitrator acted within her authority in interpreting the CBA to allow DOT to deny meal reimbursement during eight-hour shifts. Accordingly, we reverse with directions to affirm that part of the arbitration award.
• Employment Law/ Costs/ Contracts/ Civil Rights/ Mandamus/ Public Policy/ Estoppel/ Statutes
  
  Mercer v. City of Fond du Lac
  Docket: 2009AP000505 12-16-09
  Recommended for Publication
  

  SNYDER, J. Benjamin W. Mercer appeals from a summary judgment in favor of the City of Fond du Lac, City Council members, and City Manager Tom Ahrens. Mercer contends that the circuit court should not have summarily disposed of his claims, which rested on his allegations of wrongful termination of his employment with the City. He asserts that the circuit court incorrectly concluded that he had resigned from his position. He also appeals from an order directing him to pay $265.68 to the City for photocopy expenses associated with the litigation. He contends the award was improper because internal photocopying costs are not actually paid out as required by WIS. STAT. § 814.04(2) (2007-08). We disagree and affirm the judgment and the order.
• Family Law/ Divorce/ Attorney Fees/ Sanctions/ Child Support/ Statutes/ Regulations/ Placement
  
  Franklin v. Franklin
  Docket: 2008AP002010 12-17-09
  

  PER CURIAM. Brian Franklin appeals postdivorce orders which modified his child support obligation by less than he had requested and required him to make a contribution to the attorney fees of his ex-wife, Julee Franklin. Julee moves for sanctions based on briefing violations. For the reasons discussed below, we affirm the orders of the circuit court but deny the motion for sanctions.
• Family Law/ Divorce/ Minor Children/ Statutes/ Best Interest Of Child
  
  Brudnak v. Brudnak
  Docket: 2009AP000547 12-17-09
  

  PER CURIAM. Mark Brudnak appeals a judgment of divorce that permits Stephanie Brudnak to leave the state with their minor child. We affirm.
• Family Law/ TPR/ Evidence/ Preclusion/ Mistrial/ Judgment Notwithstanding the Verdict (JNOV)/ Ineffective Assistance Of Counsel
  
  State v. Laticia T.
  Docket: 2009AP001829 12-15-09
  

  KESSLER, J. Laticia T. appeals from an order terminating her parental rights to her son, Christopher G., and from an order denying her post-disposition motion. Laticia argues that the trial court erroneously denied her motions: (1) to preclude the introduction of evidence relating to time periods before June 13, 2007 (the date a jury in a previous termination of parental rights ("TPR") action found that the State had not established grounds to terminate Laticia's parental rights), because that evidence is barred by issue preclusion and fairness; (2) for mistrial or judgment notwithstanding the verdict, based on two sets of questions asked at the trial that were objectionable; and (3) to institute a guardianship or "sustaining care" arrangement instead of terminating Laticia's parental rights. We reject her arguments and affirm the orders.
• Interlocutory Appeal/ Venue/ Contracts/ Public Policy/ Wisconsin Fair Dealership Law
  
  Trakloc Midwest v. Trakloc International
  Docket: 2008AP001339 12-17-09
  

  BRIDGE, J. This interlocutory appeal arises from the circuit court's denial of a motion brought by Pacific Rollforming, LLC and Todd E. Beasley (collectively Pacific) to dismiss this action due to improper venue. Pacific and Trakloc Midwest, LLC (Midwest) entered into two contractual agreements regarding the manufacture, use and sale of certain technology. One of the agreements placed venue in California, and the second placed venue in Alaska. Midwest argues that the circuit court correctly ruled that venue in Wisconsin was proper because the two agreements served to establish a franchisee/franchisor relationship between it and Pacific, and that as a result, it is entitled to the protections of the Wisconsin Franchise Investment Law (WFIL), WIS. STAT. §§ 553.01 ­ 553.78 (2007-08). It argues that public policy reasons underlying the WFIL justify rendering the forum selection clauses unenforceable. Midwest also argues that the fact that the two agreements each place venue in a different jurisdiction renders them void for ambiguity. We disagree and therefore reverse.
• OWI/ Reasonable Suspicion/ Traffic Stops/ Evidence/ Anonymous Tip/ Constitutional Law
  
  State v. Heller
  Docket: 2009AP001174 12-17-09
  

  VERGERONT, J. John Heller appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), fourth offense, in violation of WIS. STAT. § 346.63(1)(a) (2007-08). He contends the arresting officer did not have reasonable suspicion to stop his vehicle and therefore the circuit court should have granted his motion to suppress evidence. We conclude the circuit court properly denied the motion. Accordingly, we affirm the judgment of conviction.
• OWI/ Traffic Stops/ Reasonable Suspicion/ Community Caretaker/ Evidence/ Constitutional Law
  
  State v. Reinwall
  Docket: 2009AP001840 12-17-09
  

  VERGERONT, J. Mark Reinwall appeals the judgment of conviction for operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC) of .10 or more, in violation of WIS. STAT. § 346.63(1)(a) and (b) (2007-08), first offense. He contends that his detention by the arresting officer was not supported by reasonable suspicion or by the community caretaker exception and, therefore, the circuit court should have granted his motion to suppress evidence. For the reasons we explain below, we conclude that the circuit court properly denied the motion based on the community caretaker exception. We therefore affirm.
• Personal Injury/ Insurance/ Damages/ Verdicts
  
  Hach v. American Family
  Docket: 2008AP001510 12-17-09
  

  PER CURIAM. American Family Mutual Insurance Company appeals from a judgment in a personal injury action, arguing that the circuit court erred by directing the verdict regarding past medical expenses pursuant to Hanson v. American Family Mutual Insurance Co., 2006 WI 97, 294 Wis. 2d 149, 716 N.W.2d 866. We agree and reverse and remand for a new trial on damages.
• Personal Jurisdiction/ Statutes/ Employment Law/ Contracts
  
  F.L. Hunts, L.L.C. v. Wheeler
  Docket: 2008AP002506 12-15-09
  Recommended for Publication
  

  BRUNNER, J. Field Logic, Inc., and FL Hunts, LLC, (collectively, Field Logic) appeal an order dismissing their action against Michael Wheeler for lack of personal jurisdiction. We affirm.
• Property/ Priority/ Foreclosure Sale/ Mortgage/ Judicial Authority-Discretion/ Default Judgment/ Proper Service/ Subrogation/ Right Of Redemption/ Remedies
  
  Federal National Mortgage v. Lewis
  Docket: 2008AP000002 12-17-09
  

  PER CURIAM. Appellants Daniel Parise and Helen Parise purchased a home after a foreclosure sale. They appeal the circuit court's order establishing the right of First Midwest Bank (Midwest) to acquire the property from them. Midwest was a second mortgage holder who was not joined as a party at the time of the foreclosure sale to the first mortgage holder, Federal National Mortgage Association (Federal). For the reasons that follow, we conclude that the circuit court erroneously exercised its discretion when fashioning the terms on which Midwest has the right to acquire the property from the Parises. Accordingly, we reverse and remand for further proceedings consistent with this opinion.
• Property/ Valuation/ Towns & Cities/ Statutes
  
  Liska v. Village of Hales Corners
  Docket: 2008AP003099 12-17-09
  

  PER CURIAM. Frank Liska and Peggy Liska appeal from the judgment of the circuit court that dismissed their certiorari petition against the Village of Hales Corners, the Board of Review of the Village of Hales Corners, and Michael Weber. The Liskas argue that the Board of Review erred when it accepted the assessor's valuation of their property. We conclude that the Board did not err, and affirm.
• Summary Judgment/ Contracts/ Evidence/ Misrepresentation
  
  Wallskog v. East-West Development
  Docket: 2008AP003075 12-15-09
  

  BRENNAN, J. Joel A. Wallskog appeals from a judgment entered following the circuit court's summary judgment order dismissing Wallskog's breach of contract claim against East-West Development, LLC; Red Maple Real Estate, LLC; and Paul Royce. Wallskog argues that the circuit court erred in entering summary judgment because a genuine material issue of fact exists as to the truthfulness of Royce's disclosures on the Real Estate Condition Report. We agree, reverse the judgment, and remand the case back to the circuit court for trial.