Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: Rosaura Choncoa v. Vanessa Buen Rostro, et al.

Case No.: 2017AP900

Officials: SHERMAN, J.

Focus: Sufficiency of Evidence

Rosaura Choncoa appeals, pro se, a judgment of the small claims court awarding $800 to Vanessa Buen Rostro and Angel Castro-Cruz (collectively, the respondents), also pro se, stemming from a loan from Choncoa to the respondents. For the reasons explained below, I affirm.

Choncoa contends the circuit court erred in awarding the respondents $800. Choncoa argues first that the court’s finding that the respondents made payments to her totaling $2,900 “defies reason” because the respondents failed to present documentary evidence that they made payments. We uphold a circuit court’s findings of fact unless they are “clearly erroneous.” WIS. STAT. § 805.17(2). A circuit court’s factual findings are not clearly erroneous if they are supported by any credible evidence in the record, or any reasonable inferences from that evidence. See Insurance Co. of N. Am. v. DEC Int’l, Inc., 220 Wis. 2d 840, 845, 586 N.W.2d 691 (Ct. App. 1998).

Choncoa also argues that the court erred in awarding the respondents $800 because the respondents did not counterclaim for an award of $800 in their counterclaim. However, Choncoa has not cited any authority stating a legal basis for her argument. This court does not address arguments unsupported by references to legal authority. State v. Pettit, 171 Wis. 2d 627, 646, 492 N.W.2d 633 (Ct. App. 1992); see also WIS. STAT. RULES 809.19(1)(e) and 809.83(2).

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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.