Justia Civil Procedure Opinion Summaries

Kenneth Brown filed a complaint with the Wisconsin Elections Commission (WEC) alleging that the in-person absentee voting procedures in Racine during the August 2022 primary election violated the law. Brown observed voting at City Hall and a local mall and believed the procedures were unlawful. WEC found no probable cause of a violation and declined to take action. Brown then appealed WEC’s decision to the Racine County Circuit Court.The circuit court determined that Brown had standing to bring the action, as the alleged invalid voting procedures impacted his right to vote. The court partially ruled in Brown’s favor, concluding that the Racine City Clerk’s choice of alternate voting sites violated statutory requirements and that the use of a mobile election unit was unlawful. WEC sought to appeal this decision, and the case was brought before the Wisconsin Supreme Court via a bypass petition.The Wisconsin Supreme Court reviewed whether Brown had standing to seek judicial review of WEC’s decision. The court interpreted Wisconsin Statute § 5.06(8), which allows for appeals from WEC’s decisions, and determined that to be “aggrieved” by a decision, an individual must suffer an injury to a legally recognized interest. The court found that Brown did not demonstrate any personal injury resulting from WEC’s decision, as he did not allege that the decision made it more difficult for him to vote or affected him personally.The court held that Brown was not “aggrieved” within the meaning of the statute and therefore did not have standing to seek judicial review. Consequently, the Wisconsin Supreme Court reversed the circuit court’s decision and remanded the case with instructions to dismiss Brown’s complaint. View "Brown v. Wisconsin Elections Commission" on Justia Law

David Morway sought review of an unpublished order by the court of appeals that dismissed his appeal as untimely. The appeal was against a May 24, 2023, circuit court order denying his motion to modify or terminate spousal maintenance. The court of appeals concluded that the order was final for purposes of appeal under WIS. STAT. § 808.03(1) and dismissed the appeal because David filed his notice of appeal outside the 90-day timeframe.In the Ozaukee County Circuit Court, David and Karen Morway were divorced in 2019, with David ordered to pay spousal maintenance. David filed a motion to modify the maintenance in May 2022 due to a change in his employment circumstances. The family court commissioner reduced David’s maintenance obligation, but Karen appealed. The circuit court held a trial and denied David’s motion to modify or terminate maintenance in an oral decision on April 19, 2023, which was later memorialized in the May 24 order. Karen’s post-trial motion for attorney fees based on overtrial was also denied at that time.The Wisconsin Supreme Court reviewed the case and determined that the May 24 order was final because it disposed of the entire matter in litigation, specifically David’s motion to modify or terminate maintenance. The court held that the order was unambiguous in its finality, despite lacking an explicit finality statement. The court affirmed the court of appeals' decision, concluding that David’s notice of appeal was not timely filed within the 90-day period, and thus, the court of appeals properly dismissed the appeal for lack of jurisdiction. View "Morway v. Morway" on Justia Law

The Wisconsin Voter Alliance filed identical petitions for writ of mandamus against the registers in probate for 13 circuit courts in Wisconsin, seeking access to Notice of Voting Eligibility (NVE) forms under Wisconsin’s public records law. These forms document when a court finds an individual incompetent to vote. The Alliance argued that they needed this information to ensure the Wisconsin Elections Commission (WEC) was updating voter records accurately.The Walworth County Circuit Court dismissed the Alliance’s petition, agreeing with the register in probate, Kristina Secord, that the NVE forms were exempt from disclosure under Wisconsin Statute § 54.75. The Alliance appealed to the Court of Appeals, District II. Meanwhile, the Court of Appeals, District IV, had already ruled in a similar case (Reynolds) that NVE forms were exempt from disclosure under the same statute, affirming the Juneau County Circuit Court’s dismissal of the Alliance’s petition.In the current case, the Court of Appeals, District II, issued a split opinion. The majority held that the Alliance was entitled to the NVE forms, possibly with redactions, and reversed the circuit court’s dismissal. However, the Wisconsin Supreme Court reviewed the case and found that District II violated the precedent set by Cook v. Cook, which mandates that the Court of Appeals must follow prior published opinions unless overruled by the Supreme Court.The Wisconsin Supreme Court held that District II was bound by the Reynolds decision and should have either certified the appeal to the Supreme Court or adhered to the prior opinion while expressing its disagreement. Consequently, the Supreme Court reversed the decision of the Court of Appeals, District II, and remanded the case with instructions to follow the precedent established in Reynolds. View "Wisconsin Voter Alliance v. Secord" on Justia Law

This case involves the termination of parental rights of R.A.M., the mother of P.M., a child born in 2015. In 2017, R.A.M. was convicted of child abuse after a police officer found P.M. with scratches, bruising, and bleeding from the nose. P.M. was placed in foster care and later with his paternal uncle. In 2021, the State filed a petition for the termination of R.A.M.'s parental rights, citing a continuing need for protection and services (CHIPS) and R.A.M.'s failure to assume parental responsibility. R.A.M. contested both grounds.The case was heard in the Milwaukee County Circuit Court. During the proceedings, R.A.M. failed to appear for a hearing on July 5, 2022, despite a standing order requiring her to attend all court appearances. The court found her absence to be egregious and without justification, and granted the State's motion for default judgment. The court then immediately moved to the dispositional phase and concluded the hearing on the same day, finding that termination of R.A.M.'s parental rights would be in P.M.'s best interest.R.A.M. appealed the decision, and the Court of Appeals reversed the order, holding that the circuit court lost competency when it proceeded to the dispositional hearing on the same day that the grounds phase concluded. The Court of Appeals also held that R.A.M.'s due process rights were violated. The case was remanded to the circuit court with instructions to hold a new dispositional hearing.The Supreme Court of Wisconsin affirmed the decision of the Court of Appeals. The Supreme Court held that under Wis. Stat. § 48.23(2)(b)3., the circuit court was required to wait at least two days after finding R.A.M.'s conduct in failing to appear as ordered was egregious and without clear and justifiable excuse before proceeding to the dispositional phase of proceedings. The court's failure to abide by this statutory mandate resulted in a loss of competency to proceed. Therefore, R.A.M. is entitled to a new dispositional hearing. View "State v. R.A.M." on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the circuit court's order dismissing a criminal complaint against Defendant as barred by double jeopardy, holding that neither double jeopardy, issue preclusion under the Double Jeopardy Clause, or common law issue preclusion barred the present prosecution.The first criminal case against Defendant ended in a mistrial intentionally provoked by the prosecutor. Thereafter, Defendant argued that double jeopardy, and, in the alternative, issue preclusion barred the State from prosecuting the instant case. The circuit court granted relief, concluding that Defendant was in jeopardy of being convicted of the offenses now charged. The Supreme Court reversed, holding (1) the present prosecution did not place Defendant in jeopardy for any of the same offenses; and (2) issue preclusion did not bar the instant prosecution. View "State v. Killian" on Justia Law

In this special assessment appeal, the Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of the Village of Mukwonago as a defendant due to improper service of a notice of appeal, holding that Petitioner's failure to comply with Wis. Stat. 66.0703(12)(a) required dismissal of this action.Petitioner challenged the special assessment district created by the Village in 2019 alleging jurisdiction pursuant to section 66.0703(12). The Village filed a motion to dismiss, arguing that the circuit court lacked subject matter jurisdiction or competency to proceed because Greenwald did not serve a written notice of appeal on the Village clerk. The circuit court granted the motion, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) Wis. Stat. 801.14(2) did not apply in this case; and (2) the plain meaning of section 66.0703(12)(a) mandates service of written notice on the Village clerk, and because Greenwald did not accomplish this requirement, dismissal was warranted. View "Greenwald Family Ltd. Partnership v. Village of Mukwonago" on Justia Law

Pagoudis owns and is the sole member of both Sead LLC and Kearns LLC. During negotiations to purchase property from the Keidls, Pagoudis received a real estate condition report (RECR) signed by Amy Keidl. Pagoudis then signed the offer to purchase, which states that the contract is between the Keidls and Pagoudis "or assigns." Sead LLC then executed the negotiated contract and took title. Months later, Sead LLC assigned the property to Kearns LLC. After the purchase, defects were discovered that Keidl failed to disclose in the RECR, ranging from water and mildew in the basement, to insect infestations, to an unwanted piano.Pagoudis, Sead, and Kearns sued the Keidls for breach of contract, common law misrepresentation, and statutory misrepresentation. The circuit court dismissed the case, deciding that each of the parties lacked standing to pursue their stated claims; Pagoudis and Kearns were not parties to the original transaction and Sead transferred the property before filing the action and no longer has an interest in the property.The Wisconsin Supreme Court concluded that Pagoudis's and Kearns's claims against Keidl were properly dismissed. Sead's claims, however, were remanded, it was a party to the contract, received representations from the Keidls, and purchased the property. View "Pagoudis v. Keidl" on Justia Law

M.W. has been under Wis. Stats. ch. 51 mental health commitment orders since 2006. In August 2020, Sheboygan County again filed a petition to extend her commitment and sought an order for involuntary medication and treatment. The circuit court held a hearing at which three witnesses testified: a doctor, who examined M.W., a case worker assigned to M.W., and M.W. The circuit court granted the County's petition. The court of appeals reversed and remanded.The Wisconsin Supreme Court reversed. The court has previously announced that "going forward circuit courts in recommitment proceedings are to make specific factual findings with reference to the subdivision paragraph of Wis. Stat. 51.20(1)(a)2. on which the recommitment is based." The court of appeals here determined that the circuit court failed to make such findings. M.W. argued that outright reversal is the proper remedy for the violation. The Wisconsin Supreme Court concluded that the recommitment order at issue has expired, so the circuit court lacks the competency to conduct any proceedings on remand. Therefore, reversal is the appropriate remedy. View "Sheboygan County v. M.W." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming an order of the circuit court that domesticated a Mexican judgment in favor of Wells Fargo Bank, N.A., and against Daniel and Jane Hennessy, holding that Wells Fargo's judgment against the Hennessys was properly domesticated.On appeal, the Hennessys asserted that the circuit court erred in holding that the foreign judgment was valid and personally enforceable against them under Mexican law and erred in domesticating the Mexican judgment under principles of comity. The Supreme Court affirmed, holding (1) the Wisconsin principle that a foreign country's law must be proven before a circuit court as a question of fact is hereby affirmed; (2) the circuit court's interpretation of Mexican law was not clearly erroneous; and (3) the circuit court did not abuse its discretion by choosing to recognize the Mexican judgment in Wisconsin. View "Hennessy v. Wells Fargo Bank, N.A." on Justia Law

The Supreme Court reversed the order of the court of appeals dismissing the appeal of an order of the circuit court denying a request to compel arbitration and stay a pending lawsuit pending arbitration, holding that a circuit court order denying a request to compel arbitration and stay a pending lawsuit is final for the purposes of appeal.Respondent, a mentally disabled resident of Appellant, which owned and operated residential facilities, brought this lawsuit over an incident in which one of Appellant's employees sexually assaulted her. Respondent, however, had signed an arbitration agreement with Appellant, and Appellant filed a motion to compel arbitration and stay the proceedings pending the arbitration. The circuit court denied the motion, and Appellant appealed. Respondent moved to dismiss the appeal for lack of jurisdiction because the order was not a final and appealable order. The court of appeals granted the motion. The Supreme Court reversed, holding (1) an application to stay pursuant to Wis. Stat. 788.02 is a special proceeding within the meaning of Wis. Stat. 808.03(1); and (2) a circuit court order that disposes of the entire matter in litigation between one or more parties in a section 788.02 special proceeding is final for the purposes of appeal. View "L. G. v. Aurora Residential Alternatives, Inc." on Justia Law