Breach of Contract Theft-by-contractor.

AuthorHawkins, Derek
PositionAntonio Soria v. Classic Custom Homes of Waunakee

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Antonio Soria v. Classic Custom Homes of Waunakee Inc.,

Case No.: 2020AP1931

Officials: Blanchard, P.J., Fitzpatrick, and Nashold, JJ.

Focus: Breach of Contract Theft-by-contractor

In 2013, Antonio Soria sued Classic Custom Homes of Waunakee, Inc., ("Custom Homes") for breach of contract and theft by contractor. After a jury found in favor of Soria on those claims, both Custom Homes and Soria appealed to this court. In an unpublished opinion, we decided six separate issues. Soria v. Classic Custom Homes of Waunakee, Inc., No. 2017AP1693, unpublished slip op. (WI App July 11, 2019) ("Soria I"). On two of those issues, this court reversed rulings of the circuit court and remanded this case with instructions to: (1) dismiss Soria's theft by contractor claims with prejudice and vacate the portions of the judgment relating to the theft by contractor claims; and (2) determine the amount of prejudgment interest that Custom Homes owed to Soria on the breach of contract cause of action. Id., 56, 74, 78.

After remand, and pertinent to this appeal, Soria filed motions requesting that the circuit court amend its prior judgment to conclude that Custom Homes committed embezzlement, and award exemplary damages for such purported embezzlement, even though Soria never raised the...

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