Sufficiency of Evidence – Replevin

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WI Court of Appeals – District IV

Case Name: Stacie Jean Rios v. Ryan Justmann

Case No.: 2018AP1498

Officials: BLANCHARD, J.

Focus: Sufficiency of Evidence – Replevin

Stacie Jean Rios appeals dismissal of her small claims action against Ryan Justmann.

Rios alleges in this small claims action that Justmann, her landlord, permitted upstairs tenants to harm her. Based on this allegation, she purports to state a claim for money, a tort or personal injury claim, and a replevin claim. Attached to the summons and complaint are various documents purporting to support allegations of urine “being dumped through the ceiling into [Rios’] kitchen” and marijuana “smoke coming into” her home, which was “life threatening” to her.

Rios fails to develop an argument on appeal that could undermine the findings and conclusions of the circuit court. Her brief-in-chief and her reply brief simply repeat factual allegations that she made at the hearing. Rios apparently intends for these allegations to somehow stand for an argument that the circuit court overlooked evidence establishing that Justmann violated her rights in a way that could entitle her to a remedy under the law. However, no recognizable argument that suggests error by the circuit court emerges from her list of allegations. I affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.