Sufficiency of Evidence – Court Error

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WI Court of Appeals – District IV

Case Name: Vernon Memorial Hospital v. Kristine M. Weigel

Case No.: 2015AP2218

Officials: KLOPPENBURG, P.J.

Focus: Sufficiency of Evidence – Court Error

This appeal concerns a collection action in small claims court, in which the debtor has raised a series of arguments, some of which appear to be most appropriately directed to the legislature, but all of which have no basis in the facts or controlling law. The action began when Vernon Memorial Hospital sued to recover the cost of services that it provided to Kristine Weigel. The case was transferred from La Crosse County to Vernon County, where it was tried to the circuit court. The court entered judgment for the Hospital in the amount of $7,419.10. Weigel appeals, arguing that: (1) the Vernon County circuit court’s judgment is supported neither by its findings of fact nor by sufficient evidence; (2) the La Crosse County circuit court erred in transferring the case without determining whether the Hospital’s claim arises from a transaction covered by the Wisconsin Consumer Act; and (3) the La Crosse County circuit court’s signing the order transferring the case constitutes a miscarriage of justice warranting this court’s discretionary reversal under WIS. STAT. § 752.35. As I proceed to explain, I reject Weigel’s arguments and affirm

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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.