Boyland Auto Group III LLC v. Boyland
2:23-cv-00566
E.D. Wis.May 22, 2025Background
- Plaintiffs, Boyland Auto Group III LLC (All-Star Honda) and Boyland Auto VGMC LLC (All-Star Buick GMC), are Wisconsin car dealerships.
- Defendant Tony Boyland, former General Manager of both dealerships in 2021, had control over payroll, bonuses, and company credit cards.
- Plaintiffs allege Boyland misappropriated company funds for personal use, including unauthorized payments to himself, his daughter, and another employee, personal purchases, debt payments, and misdirection of company funds.
- Boyland's lawyers withdrew when he stopped communicating and failed to pay them; Boyland did not respond to plaintiffs' summary judgment motion.
- An external tax report found Boyland’s actions resulted in $830,838 in losses to the plaintiffs.
- Plaintiffs moved for partial summary judgment on their conversion claim; Boyland failed to oppose, making the plaintiffs' facts undisputed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conversion of company funds | Boyland misappropriated dealership money for personal use, constituting conversion. | No response provided. | Boyland liable for conversion; summary judgment for plaintiffs. |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for summary judgment on factual disputes)
- Celotex Corp. v. Catrett, 477 U.S. 317 (shifting burden at summary judgment)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (nonmovant must show genuine issue for trial)
- H.A. Friend & Co. v. Professional Stationary, Inc., 720 N.W.2d 96 (Wis. Ct. App. 2006) (elements of conversion under Wisconsin law)
- Prod. Credit Ass’n of Chippewa Falls v. Equity Coop Livestock Sales Ass’n, 261 N.W.2d 127 (Wis. 1978) (requirement that plaintiff be entitled to possession at time of conversion)