Court Error – Fee Waiver – Default Judgment

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WI Court of Appeals – District IV

Case Name: County of Lafayette v. Ian D. Humphrey

Case No.: 2016AP966

Officials: KLOPPENBURG, J.

Focus: Court Error – Fee Waiver – Default Judgment

Ian Humphrey appeals the judgment entered against him in the amount of $200.50 after he was found guilty following a court trial of operating a motor vehicle while suspended.  First, Humphrey argues that the circuit court erroneously denied his request for a jury trial. More specifically, Humphrey argues that the court did not give him the opportunity to correct his failure to support his request for a jury trial with an affidavit of indigency as required by WIS. STAT. § 814.29(1)(b). The record reflects that the court denied Humphrey’s request “for reasons stated on the record” at a hearing on March 8, 2016. However, as noted above, the record does not contain a transcript of that hearing. When the record is incomplete in regard to an issue on appeal, this court assumes that the missing material supports the circuit court’s ruling. See Fiumefreddo v. McLean, 174 Wis. 2d 10, 27, 496 N.W.2d 226 (Ct. App. 1993). I rely on that assumption here and conclude that the circuit court properly denied Humphrey’s request for a jury trial.

Second, Humphrey argues that the circuit court erroneously entered a default judgment when in fact Humphrey was present at and participated in the trial. He argues that the default judgment resulted in the erroneous denial of his motion to waive fees for the production of transcripts, and that the default judgment will “harm [him] in the future.” His argument as to the effect of the default judgment on his fee-waiver motion fails because the apparent discrepancy between the default judgment and his appearance at trial was already addressed by this court in his first appeal, and our supreme court denied review; therefore, he cannot relitigate that issue in this appeal. See Univest Corp., 148 Wis. 2d at 38. His argument as to any future effect of the default judgment fails because it is speculative and undeveloped; therefore, I do not consider it further. See Associates Fin. Servs. Co. of Wis., Inc. v. Brown, 2002 WI App 300, ¶4 n.3, 258 Wis. 2d 915, 656 N.W.2d 56 (the court may decline to consider conclusory and undeveloped arguments). For the reasons discussed, I affirm the judgment.

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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.