Eviction – Sufficiency of Evidence

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WI Court of Appeals – District II

Case Name: Gus Wirth, Jr. v. Martha Garcia, et al.

Case No.: 2017AP870

Officials: REILLY, P.J.

Focus: Eviction – Sufficiency of Evidence

Martha Garcia appeals from a $47,995.40 eviction judgment entered following a bench trial. Garcia entered into a five-year commercial lease with Gus Wirth, Jr., in 2013. Garcia opened a restaurant in the leasehold property. Wirth and Garcia also entered into a side deal in which Garcia paid approximately $35,000 to purchase kitchen equipment abandoned by the previous tenant. Garcia fell behind in lease and maintenance payments and Wirth sued for eviction and back rent in 2017. Garcia counterclaimed for unjust enrichment, claiming that she never received the kitchen equipment.

A court trial was held on April 21, 2017. Garcia and Wirth both provided testimony and evidence to the court. The court found the testimony of Wirth to be credible and Garcia’s testimony to be not credible. We affirm; the trial court’s decision was based upon credibility determinations, and Garcia has failed to show that the court clearly erred in any of its factual findings.

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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.