Misunderstanding of Evidence – Money Owed – Small Claims

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WI Court of Appeals – District IV

Case Name: Patrick K. Finnegan v. Sheila A. Bissen et al

Case No.: 2014AP2500

Officials: LUNDSTEN, J.

Focus: Misunderstanding of Evidence – Money Owed – Small Claims

Patrick Finnegan and Joshua Bissen shared a rented residence in Madison for several months. After they parted ways, Finnegan brought a small claims action against Joshua Bissen and Sheila Bissen, Joshua’s mother. The circuit court agreed that Joshua owed Finnegan money, but also found that the amount was more than offset by money Finnegan owed the Bissens for rent paid by the Bissens on behalf of Finnegan. The court therefore dismissed Finnegan’s action. As to the offsetting amount, the circuit court was acting on an apparent misunderstanding of the evidence. As we shall see, Finnegan points to evidence showing that he did not owe rent-related money to the Bissens, and the Bissens do not dispute Finnegan’s assertions as to this evidence. Accordingly, I reverse and remand for the circuit court to reinstate Finnegan’s action and to reconsider damages.

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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.