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Sufficiency of Evidence

By: Derek Hawkins//June 22, 2021//

Sufficiency of Evidence

By: Derek Hawkins//June 22, 2021//

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WI Court of Appeals – District IV

Case Name: Jace T. McDonald v. State of Wisconsin Department of Financial Institutions

Case No.: 2020AP216

Officials: Fitzpatrick, P.J., Blanchard, and Nashold, JJ.

Focus: Sufficiency of Evidence

The Department of Financial Institutions appeals a circuit court order remanding this case to the department to make additional findings of fact to support its decision in an enforcement action against Jace McDonald. We conclude that the department’s existing findings are sufficient for judicial review. We further conclude that it would be more appropriate for the circuit court to undertake judicial review than for this court to do so. We also explain why we reject the appellant department’s argument that respondent McDonald’s lack of response in his brief on appeal to any point made in the department’s opening brief is a basis to affirm the agency’s decision. Consistent with these conclusions, we reverse and remand to the circuit court with directions to proceed with the judicial review.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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