Holzbauer v. Safway Steel Products, Inc.

¶ 1. The Board of School Directors of the Public Schools of the City of Milwaukee ("MPS") appeals from nonfinal orders of the trial court (1) granting summary judgment to Safway Steel Products, Inc., on its counterclaim against MPS and denying summary judgment to MPS on the same issue; and (2) denying MPS's motion for leave to amend its answer to assert a statute of frauds defense. We conclude that the trial court misapplied the burden of proof in ana lyzing Safway's motion for summary judgment, and that MPS is entitled to summary judgment as a matter of law. Therefore we reverse and remand…