Court: |
Wisconsin Supreme Court |
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Facts: |
Nothing new. |
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Posture: |
Just like last time, except that there's been an appeal. |
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Issue: |
Did the court of appeals exceed its authority by making factual determinations? |
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Holding: |
Yes. Remanded to the trial court to resolve issues of fact. |
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Rule: |
The trial court needs to determine whether Wurtz's act was wrongful.
Threats to do something you have a legal right to do don't
constitute duress. |
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Reasoning: |
The decision of the court of appeals implies that the trial court did not
make all the findings of fact needed. So it should go back to them.
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Dicta: |
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