Civil Procedure — right to present defense

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Wisconsin Court of Appeals

Civil

Civil Procedure — right to present defense

Brian King appeals a small claims judgment entered in favor of his brothers, Warren King and Kevin King. Brian argues the circuit court erroneously exercised its discretion by failing to allow him to present evidence, examine witnesses, and make arguments at the 2012 and 2013 court hearings. He also argues there was insufficient evidence to support the circuit court’s factual findings and the circuit court erred by failing to conclude Kevin’s claims were barred by the statute of limitations.

We conclude that, at the 2012 hearing, the circuit court allowed Brian to present evidence, examine witnesses, and make argument, and the factual findings made by the circuit court following that hearing are sufficiently supported by the record. We therefore affirm the portion of the circuit court’s judgment ordering Brian to return Warren’s property. However, we agree with Brian that, at the 2013 hearing, the circuit court erred by making its determinations before providing Brian with any opportunity to make argument or present a defense to the allegations. We therefore reverse the remainder of the circuit court’s judgment and remand with directions that Brian be provided an opportunity to make argument and present a defense to the remaining allegations. This opinion will not be published.

2013AP2682 King v. King

Dist III, Rusk County, Anderson, J., Hoover, P.J.

Attorneys: For Appellant: Wieckowicz, Amanda L., Chetek; For Respondent: Nussberger, Terry L., Ladysmith