Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: Backwoods Construction, LLC, v. David Everson, et al.

Case No.: 2017AP2366

Officials: KLOPPENBURG, J

Focus: Sufficiency of Evidence

David and Patricia Everson appeal the judgment awarding $5,350.23 to Backwoods Construction, LLC. I understand the Eversons to challenge the following: (1) the circuit court’s denial of their motion for summary judgment based on lack of standing; (2) the circuit court’s denial of their motion for default judgment against Kyle R. Tews, the owner of Backwoods, and dismissal of their claims against Tews, individually; and (3) the sufficiency of the evidence supporting the jury verdict. Respondents Backwoods Construction, LLC and Kyle R. Tews failed to file a response brief in this appeal. This court sent a notice of delinquency, warning Backwoods and Tews that failure to file a brief within five days may result in summary reversal under WIS. STAT. RULE 809.83(2). By order of March 9, 2018, this appeal was submitted to me “to determine whether the case may be decided based solely upon the appellant[s’] brief and the record.” I determine that this case may be decided solely upon the appellants’ brief and the record, and I 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.