Bruce v. Bennett
Bruce v. Bennett
Opinion of the Court
¶ 1 Verneice Bruce, pro se , appeals a judgment of the trial court dismissing her small claims action against Robert Bennett. Bruce had previously been granted a replevin order regarding a vehicle that Bennett had purchased from her, but had not paid for in full. Bruce initiated the current action on the grounds that the vehicle had not been returned to her upon replevin in the same condition as when Bennett purchased the vehicle.
¶ 2 The trial court dismissed the action, finding that Bruce had failed to meet her burden of proof. We affirm.
BACKGROUND
¶ 3 This action involves the sale and subsequent replevin action of Bruce's 2002 Chevy Suburban. She brought an action for replevin against Bennett in January 2015, which was granted by the trial court in March 2015.
¶ 4 The matter was heard by a commissioner in small claims court in March 2016, who found in favor of Bennett and dismissed the action. Bruce then demanded a trial.
¶ 5 A court trial was held in October 2016.
¶ 6 Bruce filed a notice of appeal. She also filed a motion to waive the transcript fees for her appellate case. The trial court denied the motion,
¶ 7 This court subsequently ordered that this appeal could proceed without transcripts. This appeal follows.
DISCUSSION
¶ 8 On appeal, Bruce argues that the trial court's determinations-its findings of fact and conclusions of law-were erroneous. In our review of a court trial decision, the trial court's findings of fact "may not be disturbed unless they are 'clearly erroneous.' " State v. Benton ,
¶ 9 As noted above, the record in this case does not include any transcripts (including a transcript of the court trial), because after the trial court's denial of Bruce's motion to waive the transcript fees, Bruce did not order and pay for the transcripts herself. This court ordered that the appeal could proceed without transcripts; nevertheless, we warned Bruce that for purposes of reviewing the record on appeal, in the absence of complete transcripts, this court will assume that "every fact essential to sustain the trial judge's exercise of discretion is supported by the record." See Austin v. Ford Motor Co. ,
¶ 10 Indeed, our "scope of the review is necessarily confined to the record before the court." See
¶ 11 The record for this matter did include a short summary of the court trial proceedings provided by the trial court in its order denying Bruce's request for free transcripts. In that order, the trial court noted that it had taken testimony from three witnesses during the court trial upon which it made credibility determinations, finding the defense witnesses more credible. The court also made findings of fact to which it applied the relevant law, and found that Bruce had not met her burden of proof.
¶ 12 Bruce has provided nothing to demonstrate that these findings of the trial court were clearly erroneous, or that the trial court misapplied the law. Her brief alleges facts that are not supported by the record; indeed, many of the facts alleged do not appear to be relevant to the case that underlies this appeal. Furthermore, her argument does not reflect any "developed themes reflecting any legal reasoning" and does not include citations to legal authority. See State v. Pettit ,
By the Court. -Judgment affirmed.
This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)4.
This appeal is decided by one judge pursuant to
The replevin order was granted by the Honorable Glenn H. Yamahiro in Milwaukee County Case No. 2015SC2818. We take judicial notice of the information in the CCAP record for that matter (CCAP is an acronym for Wisconsin's Consolidated Court Automation Programs. The online website reflects information entered by court staff.). See Kirk v. Credit Acceptance Corp. ,
The court trial was before the Honorable Ellen R. Brostrom.
Judge Brostrom also heard Bruce's motion to waive the transcript fees.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.