District III
July 1, 2014
To:
Hon. Dennis J. Mleziva
Circuit Court Judge
Kewaunee County Courthouse
613 Dodge Street
Kewaunee, WI 54216-1398
Rebecca Deterville
Clerk of Circuit Court
Kewaunee County Courthouse
613 Dodge Street
Kewaunee, WI 54216-1398
David D. Daul
Wanezek & Jaekels SC
PO Box 22250
417 S. Adams Street
Green Bay, WI 54305-2250
Warren M. Wanezek
Wanezek Umentum & Jaekels, S.C.
P.O. Box 22250
Green Bay, WI 54305-2250
David M. Watters
1979 Tumblebrook Rd.
Neenah, WI 54956
You are hereby notified that the Court has entered the following opinion and order:
|
|
|
|
|
|
|
|
|
|
BlueWater Services, Ltd. v. David M. Watters (L. C. #2013SC15) |
|
|
|
|
|
Before Hoover, P.J.[1]
David Watters, pro se, appeals a small claims judgment awarding BlueWater Services, Ltd. $5,057.56. Watters argues the circuit court erred by entering judgment in favor of BlueWater. Based upon our review of the briefs and record, we conclude this case is appropriate for summary disposition and we summarily affirm. See Wis. Stat. Rule 809.21.
Watters damaged his boat, and BlueWater repaired it. When Watters failed to pay the repair bill, BlueWater brought the present small claims action against Watters. As a defense to his failure to pay, Watters alleged that the work was faulty. Watters also counterclaimed based on his loss of the use of his boat, loss of his personal time, and his expenses to correct the problem.
Following a small claims trial, the circuit court issued a thorough decision, detailing all of the evidence and ultimately concluding BlueWater repaired the boat, Watters failed to pay for the repair, Watters failed to prove his defense that the work was faulty, and Watters failed to offer sufficient evidence proving the damages he alleged in his counterclaim.
On appeal, Watters argues the circuit court erred by finding BlueWater “did not fail to repair.”[2] He emphasizes certain facts that he alleges show the work was faulty.
Watters, however, provides no
legal analysis, does not show the circuit court’s findings of fact were clearly
erroneous, and does not show that the conclusions of law the circuit court
derived from those findings were in error.
See State v. Pettit, 171 Wis. 2d 627, 646, 492 N.W.2d 633 (Ct.
App. 1992) (court will not address undeveloped arguments). Further, Watters did not file a reply brief
in response to BlueWater’s arguments showing that the circuit court’s findings
were not clearly erroneous and that they were supported by the record. He therefore concedes BlueWater’s arguments. See Charolais Breeding Ranches, Ltd. v. FPC
Secs. Corp., 90 Wis. 2d 97, 109, 279 N.W.2d 493 (Ct. App. 1979) (unrefuted
arguments are deemed conceded).
We conclude the circuit court’s thoughtful and thorough opinion appropriately disposed of the issues raised at trial. Accordingly, we adopt the circuit court’s opinion by reference and affirm.
IT IS ORDERED that the court’s
judgment is summarily affirmed. See
Wis. Stat. Rule 809.21.
Diane M. Fremgen
Clerk of Court of Appeals