Judgment of Replevin

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WI Court of Appeals – District I

Case Name: Earnest E. Creech v. Anita Moore

Case No.: 2019AP233

Officials: BRASH, P.J.

Focus: Judgment of Replevin

Earnest E. Creech, pro se, appeals from a judgment entered by the trial court in resolution of his small claims case against Anita Moore. Creech had filed the underlying action seeking the return of several items of personal property. The trial court issued a judgment of replevin in favor of Creech for one of the items; Creech subsequently filed this appeal seeking the items that were not awarded to him.

Moore did not respond. This court ordered her to do so, stating that a respondent’s brief was necessary for the resolution of this appeal, and that her failure to file a respondent’s brief would constitute her abandonment of this appeal. We further informed Moore that her failure to file the brief could result in sanctions being imposed against her, including summary reversal of the trial court’s decision that was in her favor, pursuant to WIS. STAT. RULE 809.83(2). Still, Moore never filed a respondent’s brief.

We conclude that Moore has abandoned this appeal. Therefore, we exercise our discretionary power to impose the sanction of summary reversal of that portion of the trial court’s decision in Moore’s favor, pursuant to WIS. STAT. RULE 809.83(2). Accordingly, we reverse and remand this matter to the trial court to enter a judgment of replevin for the remaining items of personal property that Creech was seeking to obtain from Moore.

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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.