2010AP000759, 2010AP001826, HSBC Bank Nevada NA v. Griswold

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Debtor and Creditor
Credit card agreement default; summary judgment; sufficiency of affidavits

This case arises out of a small claims collection action alleging that Greg Griswold defaulted on credit card payments owed to HSBC Bank Nevada. Griswold appeals the circuit court’s grant of summary judgment to HSBC and the court’s order denying his motion for reconsideration. The circuit court concluded that HSBC had made a prima facie case for summary judgment and Griswold had not presented materials disputing those facts.  The court also concluded that Griswold had not stated a claim for relief on his affirmative defenses or counterclaim.

On appeal, Griswold makes several arguments that are not fully developed. We address only those arguments we conclude are adequately developed. See State v. Butler, 2009 WI App 52, ¶17, 317 Wis. 2d 515, 768 N.W.2d 46. The issues we address are: (1) did the circuit court err by not dismissing HSBC’s complaint for noncompliance with the requirements of WIS. STAT. § 425.109(1); and (2) did the circuit court err by determining that HSBC’s affidavits made a prima facie case for summary judgment?

We conclude the complaint complies with the requirements of WIS. STAT. § 425.109(1) but that HSBC’s affidavits do not establish a prima facie case for summary judgment. Because our conclusion requires a reversal of the summary judgment and remand for further proceedings, we do not address Griswold’s argument that the circuit court erroneously exercised its discretion in declining to adjourn the summary judgment proceedings for further discovery.

In addition, because we conclude the circuit court erred in granting summary judgment, we reverse the circuit court’s denial of Griswold’s motion for reconsideration.

Reversed and remanded. This opinion will not be published.  See WIS. STAT. RULE 809.23(1)(b)4.

2010AP000759, 2010AP001826, HSBC Bank Nevada NA v. Griswold

Dist. IV, Dane County, Flanagan, J., Vergeront, P.J.

Attorneys: For Appellant: Griswold, Greg, pro se; For Respondent: Heiser, Edward J., Jr., Milwaukee; Hornik, Robert, Brookfield; Lawless, Lisa M., Milwaukee; Gale, Shane, Brookfield

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