COURT OF APPEALS

DECISION

DATED AND FILED

 

May 1, 2013

 

Diane M. Fremgen

Clerk of Court of Appeals

 

 

 

NOTICE

 

 

This opinion is subject to further editing.  If published, the official version will appear in the bound volume of the Official Reports. 

 

A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals.  See Wis. Stat. § 808.10 and Rule 809.62. 

 

 

 

 

Appeal No. 

2012AP1168

Cir. Ct. No.  2011SC4271

STATE OF WISCONSIN 

IN COURT OF APPEALS

 

DISTRICT II

 

 

 

 

PJL Properties, LLC,

 

          Plaintiff-Appellant,

 

     v.

 

Francisco S. Rios and Melda Martinez,

 

          Defendants-Respondents.

 

 

 

 

 

            APPEAL from an order of the circuit court for Winnebago County:  barbara h. key, Judge.  Affirmed. 

1        REILLY, J.[1]   PJL Properties, LLC appeals the dismissal of its small claims action.  We affirm as the record supplied by PJL was devoid of the opinion of the circuit court, contrary to Wis. Stat. Rules 809.11(4)(a) and 809.15(1)(a)6.  As a result, the circuit court’s findings are deemed correct.  See Austin v. Ford Motor Co., 86 Wis. 2d 628, 641, 273 N.W.2d 233 (1979). 

2        PJL filed this suit against its former tenants Francisco S. Rios and Melda Martinez seeking past-due rent, late fees, damages, and cleaning charges pursuant to a rental agreement.  The suit was dismissed by a court commissioner following a hearing involving the parties.  PJL thereafter filed a demand for a trial before the circuit court.  The circuit court dismissed PJL’s suit.  PJL appeals. 

3        PJL argues that the circuit court erred in declining to award it lost rent and late fees.  Although PJL attributes certain findings to the circuit court in its brief, PJL did not submit on appeal the circuit court’s order or a transcript documenting how the circuit court exercised its discretion or applied the law.[2]  When an issue raised on appeal is coupled with an incomplete record, we cannot review the circuit court’s exercise of its discretion or application of the law.  See State Bank of Hartland v. Arndt, 129 Wis. 2d 411, 423, 385 N.W.2d 219 (Ct. App. 1986).  We assume the missing record supports the circuit court’s decision.  Id.

            By the Court.—Order affirmed.

            This opinion will not be published.  See Wis. Stat. Rule 809.23(1)(b)4.

 

 

 


[1]  This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2)(a) (2011-12).  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.

[2]  This is not the first time that PJL has been warned about the consequences of an incomplete record on an appeal.  See PJL Props., LLC v. Recla, No. 2007AP1920, unpublished slip op. ¶5 (WI App Dec. 27, 2007).