Ballmann v. RJM Remodeling & Dev.
Ballmann v. RJM Remodeling & Dev.
Opinion of the Court
¶1 RJM Remodeling & Development appeals from a judgment entered against it and in favor of Elizabeth Ballmann in the amount of $7220.10. For the following reasons, we affirm.
¶2 Ballmann hired RJM to construct an addition to a pre-existing deck at her home. Dissatisfied with the product RJM constructed, she brought suit against RJM. A court trial was held at which Ballmann and an expert witness testified on Ballmann's behalf, and Russell Maticek, the owner of RJM, testified on RJM's behalf and acted as its representative. Following testimony, the court found that RJM had constructed "a defective deck" for Ballmann, adding that Ballmann "can't in good consci[ence], sell her house without disclosing she has a deck" that was constructed without a permit and was "not done to code." The court ordered RJM to pay Ballmann back the full amount of the funds she paid for RJM to construct the deck. It entered judgment accordingly. RJM appeals.
¶3 RJM complains that the circuit court allowed Ballmann to present evidence of which it was not made aware prior to the trial, specifically a "new" inspection report and photographs. RJM complains that rather than "stay" this small claims court case, the court chose to give it "only a fifteen minute recess" to review these items. RJM asserts it was "unjust" that the court did not either preclude this evidence or stay the trial "to allow adequate discovery" related to the evidence.
¶4 We reject RJM's claim of error in that it develops no legal argument in support of the claim but merely asserts the court was "unjust" and conclusorily states that WIS. STAT. § 804.01 was "not adhered to." We do not address undeveloped arguments and will not abandon our neutrality to develop arguments for a party. See ABKA Ltd. P'ship v. Board of Review ,
¶5 Significantly, RJM made no objection before the circuit court to the introduction of the evidence it now challenges or the amount of time the court afforded RJM to review it. Ballmann's expert witness testified with regard to the report during his direct examination, with no complaints from RJM. When it was RJM's turn to cross-examine the expert witness, RJM's owner, Russell Maticek, who was representing RJM, merely stated: "I never received a copy of this second report." The court then took a break from the proceedings, affording Maticek the opportunity to "read the report during the break." When the trial resumed, the court stated: "So Mr. Maticek, you have now been able to look at Exhibit 62 [the new report] during the break?" Maticek responded: "Yes. I mean, I skimmed over it." Maticek then proceeded to use the report in cross-examining the expert witness. Because RJM objected to neither the introduction of the report and photos it now challenges nor the amount of time afforded it by the court to review these exhibits, it forfeited these objections. See State v. Ndina ,
¶6 Next, RJM complains that Ballmann did not afford it the opportunity to cure any defects because she would not allow RJM onto her property to do so. RJM admits this matter "was not addressed in the circuit court proceedings." As an appellate court, however, we do not address matters raised for the first time on appeal, see Brooks v. Hayes ,
¶7 Lastly, RJM cites to WIS JI-CIVIL 3700 in asserting the circuit court erred in awarding Ballmann "the full cost of construction of the entire deck" rather than "the lesser of the cost of repair or the diminution of property value." It also states that "cost to repair was never investigated."
¶8 To begin, RJM fails to identify for us, and we are unable to find, anywhere in the record where it raised the issue of WIS JI-CIVIL 3700 to the circuit court. As indicated, we will not address issues raised for the first time on appeal. See Brooks ,
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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.