Wurtz v. Fleischman

The sole issue on this appeal is whether the court of appeals, in reversing the trial court, exceeded its authority as an appellate court by making factual determinations in lieu of, and in addition to, the findings made by the trial court. We conclude that the court of appeals exceeded its appellate authority; and we reverse its decision, published at 89 Wis.2d 291, 278 N.W.2d 266 (1979), and remand the cause to the trial court for further proceedings consistent with this opinion.

Paul Wurtz commenced this action on October 26, 1976, seeking damages from L. William Fleischman for his refusal…