Opinion
No. 2014AP2389.
2015-07-1
Larry L. POLSTER, Plaintiff–Appellant, v. Debra RYSEWYK, Defendant–Respondent.
Trinity Evang elical Lutheran Church & School–Freistadt v. Tower Ins. Co., 2003 WI 46, ¶¶ 31–32, 261 Wis.2d 333, 661 N.W.2d 789 (alteration modified from original) (citation omitted). When both parties move for summary judgment on an issue, and neither argues that a factual dispute bars the other's motion, the practical effect is that the facts are stipulated and only legal issues remain. Lucas v. Godfrey, 161 Wis.2d 51, 57, 467 N.W.2d 180 (Ct.App.1991). Id. at 297, 206 N.W.2d 134 (citation omitted). “Where a person holding property transfers it to another in violation of his [or her] duty to a third person, the third person can reach the property in the hands of the transferee (by means of a constructive trust) unless the transferee is a bona fide purchaser.” Id. at 298, 206 N.W.2d 134 (citation omitted). Thus, even if the person holding the property has done no wrong, a constructive trust may still be imposed. Id. at 297–99, 206 N.W.2d 134 (constructive trust imposed on life insurance benefits received by second wife where husband had agreed in divorce decree to make children beneficiaries).