Frivolous Appeal

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WI Court of Appeals – District I

Case Name: Jeffrey L. Koenig v. Audi North Shore

Case No.: 2022AP001456

Officials: Brash, C.J.

Focus: Frivolous Appeal

On August 18, 2020, Jeffrey Koenig and Steven Koenig filed a small claims action against Audi seeking recovery of money spent on vehicle repairs. The Koenigs alleged that Audi was negligent in its repair of their vehicle, resulting in multiple service visits. As relevant to this appeal, Audi filed a motion to dismiss as well as counterclaims. The counterclaims alleged that the Koenigs failed to pay for certain repairs and failed to pay vehicle storage fees. The small claims court granted a directed verdict to Audi, and the Koenigs requested judicial review by the circuit court.

Jeffrey L. Koenig, pro se, appeals from the circuit court’s granting of a motion for summary judgment dismissing his claims against Audi North Shore (Audi) and granting Audi’s counterclaims. Audi has also filed a motion for costs on the grounds that Koenig filed a frivolous appeal.

Audi’s motion is based on its contention that Jeffrey’s appeal has no basis in law or fact and that neither of Jeffrey’s allegations pertaining to a false affidavit and a threat by counsel were raised in the circuit court. While Jeffrey’s brief-in-chief is full of factual allegations and devoid of any legal support for his claims, the appeals court disagrees with Audi that Jeffrey failed to raise his other claims in the circuit court. Although not raised as counterclaims, Jeffrey did allege that at least one of Audi’s affidavits was filed in bad faith in a circuit court filing and Steven submitted a letter to the circuit court stating that Audi’s counsel threatened him. The appeals court declines to grant Audi’s motion for costs.

Affirmed.

Decided 06/13/23

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