Small Claims

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WI Court of Appeals – District IV

Case Name: Lake Arrowhead Association, Inc., v. Thomas A. Wilkes, et al

Case No.: 2016AP2112

Officials: Blanchard, J.

Focus: Small Claims

This is the latest in a series of appeals involving the Lake Arrowhead Association, Inc., a homeowners’ association.  In this case, the Association filed small claims suits against four owners of residential lots in Lake Arrowhead—Thomas Wilkes, Richard Wilkes, Gilbert Ewer, and Linda Ewer (“the Association members”)—for the collection of membership assessments for various years. After the suits were consolidated in the circuit court, the court held a one-day court trial and issued a written decision in favor of the Association. The Association members appeal. The Association cross appeals. I affirm the judgments against each of the Association members, based on the appeal, because the Association members have failed to order at least one potentially significant trial transcript and fail to explain why the absence of this transcript could not matter under the proper standard of review. I do not reach the cross appeal, which appears to urge affirmance of the judgment on an alternative ground

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.