Aaron Seitz v. Beth Seitz

CourtCourt of Appeals of Wisconsin
DecidedFebruary 23, 2023
Docket2022AP000173
StatusUnpublished

This text of Aaron Seitz v. Beth Seitz (Aaron Seitz v. Beth Seitz) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aaron Seitz v. Beth Seitz, (Wis. Ct. App. 2023).

Opinion

COURT OF APPEALS DECISION NOTICE DATED AND FILED This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. February 23, 2023 A party may file with the Supreme Court a Sheila T. Reiff petition to review an adverse decision by the Clerk of Court of Appeals Court of Appeals. See WIS. STAT. § 808.10 and RULE 809.62.

Appeal No. 2022AP173 Cir. Ct. No. 2020FA1720

STATE OF WISCONSIN IN COURT OF APPEALS DISTRICT IV

IN RE THE MARRIAGE OF:

AARON SEITZ,

PETITIONER-APPELLANT,

V.

BETH SEITZ,

RESPONDENT-RESPONDENT.

APPEAL from an order of the circuit court for Dane County: FRANK D. REMINGTON, Judge. Affirmed in part; reversed in part and cause remanded with directions.

Before Blanchard, P.J., Fitzpatrick, and Nashold, JJ.

Per curiam opinions may not be cited in any court of this state as precedent

or authority, except for the limited purposes specified in WIS. STAT. RULE 809.23(3). No. 2022AP173

¶1 PER CURIAM. Aaron Seitz appeals a circuit court order granting a judgment of divorce from Beth Seitz.1 Aaron raises three sets of challenges to circuit court rulings, the first two being determinations regarding the property division: setting the value of a pickup truck; and addressing the divisibility of certain debts and the size of debts. Separately, Aaron challenges a maintenance determination ordering Aaron to pay Beth $1,000 per month for an indefinite period. We affirm on the issues involving the pickup truck and maintenance award and remand for amendment of the judgment to correct errors regarding the debts.

BACKGROUND

¶2 Beth and Aaron were married in March 2005, a petition for divorce was filed in October 2020, and the divorce judgment was entered in November 2021.

¶3 The parties submitted to the circuit court a partial marital settlement agreement addressing custody and placement issues, which was accepted by the court. However, the parties generally reserved for a contested hearing their disputes over property division and maintenance issues. At the hearing, both parties were represented by counsel, as they are again now on appeal. During the course of the hearing, the parties were able to reach stipulations on some but not all issues and the court considered evidence from witnesses, including testimony from both Beth and Aaron, to resolve open issues.

1 We use the parties’ first names because they share a last name.

2 No. 2022AP173

¶4 Following this hearing, the circuit court issued the divorce judgment, which incorporated the partial marital settlement agreement, set forth the division of the marital property, and ordered Aaron to make maintenance payments to Beth. Aspects of the judgment are summarized below as necessary to explain arguments made on appeal and our decisions.

DISCUSSION

¶5 The following legal standards apply to multiple issues in this appeal:

The division of property … and determination of maintenance in divorce actions are decisions entrusted to the discretion of the circuit court, and are not disturbed on review unless there has been an erroneous exercise of discretion. “[A] discretionary determination must be the product of a rational mental process by which the facts of record and law relied upon are stated and are considered together for the purpose of achieving a reasoned and reasonable determination.” A circuit court’s discretionary decision is upheld as long as the court “examined the relevant facts, applied a proper standard of law, and, using a demonstrated rational process, reached a conclusion that a reasonable judge could reach.”

LeMere v. LeMere, 2003 WI 67, ¶13, 262 Wis. 2d 426, 663 N.W.2d 789 (citations omitted).

¶6 In reviewing a circuit court’s discretionary decision, we review issues of law independently, but we will not overturn the court’s factual findings unless they are clearly erroneous. WIS. STAT. § 805.17(2) (2021-22);2 Covelli v. Covelli, 2006 WI App 121, ¶13, 293 Wis. 2d 707, 718 N.W.2d 260. In addition,

2 All references to the Wisconsin Statutes are to the 2021-22 version unless otherwise noted.

3 No. 2022AP173

we search the record for reasons to sustain the court’s discretionary decisions. Steiner v. Steiner, 2004 WI App 169, ¶18, 276 Wis. 2d 290, 687 N.W.2d 740.

¶7 We now address the three sets of issues in turn, providing additional legal authority and background information as necessary.

I. PROPERTY DIVISION: TRUCK VALUATION

¶8 Aaron argues that the circuit court erroneously exercised its discretion in placing a value of $47,000 on a 2015 Chevrolet Silverado pickup truck for purposes of the property division. Aaron contends that the court erroneously exercised its discretion in allowing Beth to call a witness, James Ryan, to testify on this topic and in considering two exhibits that Ryan testified about. We reject these arguments on two independent grounds. First, Aaron failed to raise a precise objection to either ruling at the time of the hearing. Second, even if objections had been raised, Aaron fails to show that the court erroneously exercised its discretion in allowing Ryan to testify or, to the extent that the court did so, in relying on the exhibits.

¶9 Evidentiary objections must be raised with clarity and in a timely manner. See State v. Hartman, 145 Wis. 2d 1, 9, 426 N.W.2d 320 (1988) (an evidentiary objection must clearly state the specific ground upon which the objection is based, and an objection preserves for appeal only the specific grounds stated in the objection). “The purpose of requiring an adequate objection to preserve an issue for appeal is to give the parties and the court notice of the disputed issue, as well as a fair opportunity to prepare and address it in a way that most efficiently uses judicial resources.” State v. Kutz, 2003 WI App 205, ¶27, 267 Wis. 2d 531, 671 N.W.2d 660.

4 No. 2022AP173

¶10 We “review a circuit court’s decision to admit or exclude evidence under an erroneous exercise of discretion standard.” Martindale v. Ripp, 2001 WI 113, ¶28, 246 Wis. 2d 67, 629 N.W.2d 698. The circuit court has broad discretion in making evidentiary rulings, which we uphold so long as the court examined the relevant facts, applied the correct legal standards, and reached reasonable conclusions. Id. When the court fails to set forth adequate reasons for its evidentiary decision, we independently review the record to determine whether it properly exercised its discretion. Id., ¶29.

¶11 In addition, circuit courts are entrusted with “the discretion to exclude the testimony of a witness if a party is prejudiced by the opposing counsel’s failure to inform [the party] of the intent to call that witness.” Milwaukee Rescue Mission, Inc. v. Redevelopment Auth. of Milwaukee, 161 Wis. 2d 472, 490, 468 N.W.2d 663 (1991) (citing Fredrickson v. Louisville Ladder Co., 52 Wis. 2d 776, 782, 191 N.W.2d 193 (1971)). We also note that our supreme court has made the following general observation: “Forbidding a party to call a witness is a drastic measure in a trial, where truth is sought.” Fredrickson, 52 Wis. 2d at 784.

¶12 The following is additional background on this issue.

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Related

Covelli v. Covelli
2006 WI App 121 (Court of Appeals of Wisconsin, 2006)
State v. Pettit
492 N.W.2d 633 (Court of Appeals of Wisconsin, 1992)
State v. Kutz
2003 WI App 205 (Court of Appeals of Wisconsin, 2003)
In RE MARRIAGE OF LEMERE v. LeMere
2003 WI 67 (Wisconsin Supreme Court, 2003)
In RE MARRIAGE OF WEISS v. Weiss
365 N.W.2d 608 (Court of Appeals of Wisconsin, 1985)
In RE MARRIAGE OF DERR v. Derr
2005 WI App 63 (Court of Appeals of Wisconsin, 2005)
Fredrickson v. Louisville Ladder Co.
191 N.W.2d 193 (Wisconsin Supreme Court, 1971)
Bahr v. Bahr
318 N.W.2d 391 (Wisconsin Supreme Court, 1982)
Martindale v. Ripp
2001 WI 113 (Wisconsin Supreme Court, 2001)
State v. Hartman
426 N.W.2d 320 (Wisconsin Supreme Court, 1988)
Marriage of Schinner v. Schinner
420 N.W.2d 381 (Court of Appeals of Wisconsin, 1988)
In RE MARRIAGE OF STEINER v. Steiner
2004 WI App 169 (Court of Appeals of Wisconsin, 2004)
Marriage of McReath v. McReath
2011 WI 66 (Wisconsin Supreme Court, 2011)

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Bluebook (online)
Aaron Seitz v. Beth Seitz, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaron-seitz-v-beth-seitz-wisctapp-2023.