District IV


December 12, 2014 


To:


Hon. C. William Foust

Circuit Court Judge

215 South Hamilton, Br 14, Rm 7109

Madison, WI 53703

 

Carlo Esqueda

Clerk of Circuit Court

Room 1000

215 South Hamilton

Madison, WI 53703


Thomas R. Bjornson

 

Cynthia Lynne Peterson

 

Bernard Peterson Jr.

 


 

You are hereby notified that the Court has entered the following opinion and order: 

 

 

 

 

 

 

 

2013AP881

2013AP916

Cynthia Lynne Peterson v. Thomas R. Bjornson (L.C. # 2013CV892)

Bernard Peterson, Jr. v. Thomas R. Bjornson (L.C. # 2013CV893)

 

 

 


Before Blanchard, P.J., Sherman and Kloppenburg, JJ.

Thomas Bjornson appeals two harassment injunctions.  We consolidated the appeals.  Based upon our review of the briefs and records, we conclude at conference that these cases are appropriate for summary disposition.  See Wis. Stat. Rule 809.21 (2011-12).[1]  We affirm.

The appellant’s briefs contain various complaints about the outcome of the circuit court proceedings in these matters.  The briefs fail, however, to develop coherent arguments that apply relevant legal authority to the facts of record, and instead rely largely upon conclusory assertions.  “A party must do more than simply toss a bunch of concepts into the air with the hope that either the trial court or the opposing party will arrange them into viable and fact-supported legal theories.”  State v. Jackson, 229 Wis. 2d 328, 337, 600 N.W.2d 39 (Ct. App. 1999).  Consequently, this court need not consider arguments that are unsupported by adequate factual and legal citations or are otherwise undeveloped.  See Grothe v. Valley Coatings, Inc., 2000 WI App 240, ¶6, 239 Wis. 2d 406, 620 N.W.2d 463 (lack of record citations); State v. Pettit, 171 Wis. 2d 627, 646-47, 492 N.W.2d 633 (Ct. App. 1992) (undeveloped legal arguments).

While we make some allowances for the failings of parties who, as here, are not represented by counsel, “[w]e cannot serve as both advocate and judge,” Pettit, 171 Wis. 2d at 647, and will not scour the record to develop viable, fact-supported legal theories on the appellant’s behalf, Jackson, 229 Wis. 2d at 337.  Here, the appellant has failed to develop his arguments legally or to support them factually.  Therefore, we affirm the circuit court on that basis.

IT IS ORDERED that the orders appealed from are summarily affirmed under Wis. Stat. Rule 809.21.


 

Diane M. Fremgen

Clerk of Court of Appeals

 



[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.