2010AP755, 2010AP756 Panenka v. Panenka

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Civil Procedure
Small claims; jurisdiction

This is an appeal of two small claims judgments. Both were awarded to Kristine Panenka for reimbursement of money given to her sister, Kimberly Panenka. Kimberly appeals both judgments. She contends that because they add up to more than $5000, they exceed the jurisdictional limit for small claims. She also argues that the trial court erred in granting judgment on one of the loans under a theory of unjust enrichment. Kristine responds that because there are two separate judgments, neither of which exceeds $5000, there is no jurisdictional issue, and the trial court’s findings regarding unjust enrichment should be upheld. We agree with Kristine, and affirm. This opinion will not be published pursuant to Wis. Stat. Rule 809.23(1)(b)4.

2010AP755, 2010AP756 Panenka v. Panenka

Dist II, Waukesha County, Hassin, J., Brown, C.J.

Attorneys: For Appellant: Pagel, Briane F., Jr., Madison; Fleu, Colten L., Madison; For Respondent: Fredrick, Kristin Posekany, Brookfield

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