Small Claims – Frivolous Appeal

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WI Court of Appeals – District IV

Case Name: James Edward Grant v. Sarah Elizabeth Reyes

Case No.: 2017AP2187

Officials: BLANCHARD, J

Focus: Small Claims – Frivolous Appeal

James Edward Grant, pro se, appeals a circuit court order dismissing in its entirety his small claims action against Sarah Elizabeth Reyes. Grant’s small claims action stems from an injunction hearing that occurred in Milwaukee County and, borrowing from the words of the circuit court, essentially alleges that Reyes is “slandering him and disrespecting him” through statements in court documents that Reyes filed in the injunction proceeding. Grant’s appellate brief is difficult to understand. However, he may mean to argue that the circuit court erred in concluding that this action consists only of “conclusory allegations” and that it fails to state a cause of action.

Grant’s arguments are incoherent and unsupported, either by citations to the record or to pertinent legal authority. Therefore, I reject as undeveloped whatever arguments Grant intends to make. See WIS. STAT. RULE 809.19 (1)(d) and (e) (setting forth the requirements for briefs); Grothe v. Valley Coatings, Inc., 2000 WI App 240, ¶6, 239 Wis. 2d 406, 620 N.W.2d 463 (regarding arguments not supported by citations to the record), abrogated on other grounds by Wiley v. M.M.N. Laufer Family Ltd. P’ship, 2011 WI App 158, 338 Wis. 2d 178, 807 N.W.2d 236; State v. Pettit, 171 Wis. 2d 627, 646-47, 492 N.W.2d 633 (Ct. App. 1992) (regarding arguments unsupported by legal authority). Even applying the less stringent standards that this court typically extends to unrepresented litigants in the interests of justice, I would have to create from whole cloth whatever cognizable arguments, if any, Grant may intend to offer that would challenge any specific decision made by the circuit court in this action.

Moreover, as best I can discern, Grant’s intended arguments appear to be wholly without merit. As the circuit court recognized, Grant’s claims all appear to arise out of his discontent with the injunction proceedings in Milwaukee County and are not appropriately raised in this separate small claims action.

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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.