Flood v. Benkoski

Full title: MARK A. FLOOD, PLAINTIFF-RESPONDENT v. ROBERT A. BENKOSKI…

Court: Court of Appeals of Wisconsin

Date published: Jul 5, 2000

Case No. 99-2636 (Wis. Ct. App. Jul. 5, 2000)

Opinion

Case No. 99-2636.

Opinion Filed: July 5, 2000. This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.

APPEAL from a judgment and orders of the circuit court for Fond du Lac County: DALE L. ENGLISH, Judge . Affirmed.

¶ 1. NETTESHEIM, J.[fn1] [fn1] This appeal is decided by one judge pursuant to Wis. Stat. §752.31(2)(a) (1997-98).

Robert A. Benkoski appeals from a judgment and orders of the circuit court that denied his motion for summary judgment and granted plaintiff Mark A. Flood's motion for summary judgment, denied his motion to reconsider, and awarded Flood holdover damages. This action originated from a landlord/tenant dispute whereby Flood sought to evict four mobile homes owned by Benkoski from his mobile home park because Benkoski failed to sign lease renewals that were tendered to him. In his appellant's brief, Benkoski raises three issues: (1) that certain clauses in the renewal leases were violative of Wisconsin law; (2) that the clauses mandated a change in occupancy, thereby depriving him of his right to lease renewal; and (3) that Flood's actions constituted acceptance of his counteroffer.

¶ 2. However, by this court's previous order of April 19, 2000, we held that our jurisdiction was limited to the circuit court's award of holdover damages by its October 5, 1999 order. See Flood v. Benkoski , No. 99-2636 (Ct.App. Apr. 19, 2000) (order limiting jurisdiction). All issues surrounding the court-ordered judgment of eviction in favor of Flood were waived because Benkoski's notice of appeal was untimely as to those earlier proceedings.² See id . Benkoski, however, failed to address the issue of holdover damages — his only live issue — in his brief to this court. Therefore, the issue of holdover damages is waived as well. See Reiman Assocs., Inc. v. R/A Adver., Inc. , 102 Wis.2d 305, 306 n. 1, 306 N.W.2d 292 (Ct.App. 1981) (issues not briefed or argued on appeal are waived).

2 In our order of April 19, 2000, Flood's cross-appeal was also dismissed as untimely.

¶ 3. Because Benkoski has waived his only remaining issue before this court, we affirm the judgment and orders of the circuit court.

By the Court. — Judgment and orders affirmed.