A recent decision by the Wisconsin Court of Appeals has confirmed that one party must pay over $9,700 to another after a dispute about shared financial responsibilities during their time living together. The case highlights the importance of keeping detailed records when personal relationships involve intertwined finances.
The appeal was filed by Craig A. Schoenbeck against Dusti M. Miller in the Court of Appeals, District I, following a judgment entered by the Walworth County Circuit Court on April 15, 2026. Judge Daniel S. Johnson presided over the original circuit court proceedings, and Judge Gundrum delivered the appellate opinion affirming the lower court’s ruling.
According to the background outlined in the appellate decision, Miller and Schoenbeck lived together from January 2021 until May 2024. Although they began as a couple, they continued to share a residence even after their romantic relationship ended. During this period, their financial obligations became closely connected.
Miller initiated legal action in small claims court, alleging that Schoenbeck did not pay his fair share of these joint financial burdens. In response, Schoenbeck filed a counterclaim asserting that Miller owed him money as well. The dispute proceeded to trial before the circuit court, where both parties testified along with Schoenbeck’s mother and submitted various exhibits as evidence.
After reviewing all testimony and documentation, the circuit court determined that Miller’s account was more credible than Schoenbeck’s due largely to her “keeping accurate and detailed records.” The court also considered “offsets” for amounts it found Miller owed to Schoenbeck but ultimately concluded that Schoenbeck was liable to Miller for $9,622.01. With additional filing fees and costs included, judgment was entered against Schoenbeck for a total of $9,751.51.
Schoenbeck appealed this decision pro se—representing himself—arguing that he should not be held responsible for the full amount ordered by the circuit court. However, in its review, the Court of Appeals emphasized its limited role: “the weight of the testimony and credibility of witnesses are matters peculiarly within the province of the [circuit] court acting as trier of fact.” The appellate opinion cited established Wisconsin law stating that findings of fact will not be overturned unless they are “clearly erroneous” or “against the great weight and clear preponderance of evidence.” The opinion explained further: “even though the evidence would permit a contrary finding, findings of fact will be affirmed on appeal as long as the evidence would permit a reasonable person to make the same finding.”
The appellate court noted that an appeal is not an opportunity for a new trial but is instead meant to correct errors made by lower courts: “Our ‘primary function is error correcting.’” It also stated explicitly that it cannot make new factual determinations where evidence is disputed.
A key factor in upholding the original judgment was that “an appellant… bears the burden of demonstrating that the circuit court erred.” The opinion found that Schoenbeck did not develop any legal argument showing how or why there was an error in entering judgment for Miller: “It is not our responsibility to develop arguments for a party… we may decline to review issues inadequately briefed.” The record indicates that Schoenbeck did not file a reply brief addressing these deficiencies.
Because no substantial legal arguments were presented on appeal and because procedural requirements were not met—even though he represented himself—the appellate court affirmed Judge Johnson’s original ruling in favor of Miller.
Miller sought payment from Schoenbeck covering unpaid shared expenses incurred during their cohabitation period; she also requested recovery of filing fees and related costs through her small claims action.
The case was decided under Appeal No. 2024AP2395 (Circuit Court No. 2024SC703). Attorneys’ names are not specified in this decision.
Source: 2024AP2395_Miller_v_Schoenbeck_Opinion_Wisconsin_Court_of_Appeals.pdf
