Frivolous Appeal

By: Derek Hawkins//January 9, 2019//

Listen to this article

WI Court of Appeals – District IV

Case Name: Ray A. Peterson v. Stanley Beatty, et al.

Case No.: 2018AP1417

Officials: KLOPPENBURG, J.

Focus: Frivolous Appeal

Ray Peterson filed this small-claims action in which he (1) alleged that Stanley Beatty, doing business as Abner Boiler and Heating Company, was responsible for the failure of a boiler approximately one year after Beatty installed the boiler, and (2) sought reimbursement of the cost to replace that boiler. After a trial to the circuit court, the court found that Peterson “[had] not met [his] burden of proof” and dismissed the case. Peterson challenges the court’s finding on appeal. Beatty moves for costs and fees as allowed for a frivolous appeal under WIS. STAT. RULE 809.25(3). For the reasons stated below, I affirm the circuit court’s decision. I also grant Beatty’s motion and I remand to the circuit court for an assessment of costs and fees.

Full Text

Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.