Civil Procedure — claim preclusion

By: WISCONSIN LAW JOURNAL STAFF//February 7, 2012//

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Wisconsin Court of Appeals

Civil

Civil Procedure — claim preclusion

John C. Weichman appeals the circuit court’s dismissal of his small-claims action against Walfrid A. Friedman, Nancy Friedman, and the Friedman Family Trust. The circuit court held that Weichman’s action was barred by claim-preclusion. Nothing in the Record that the parties have caused to be sent to us, however, shows that the circuit court’s claim-preclusion ruling is either correct or incorrect. Further, we have no way of assessing whether any of Weichman’s claims were not sufficiently supported by the evidence, as the circuit court opined as to one of them an alternate reason to dismiss. Accordingly, we must reverse and remand for further proceedings. This opinion will not be published.

2011AP2187 Weichman v. Friedman

Dist I, Milwaukee County, Van Grunsven, J., Fine, J.

Attorneys: For Appellant: Weichman, John C., Jr., pro se; For Respondent: Ryan, William E., Milwaukee

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