State v. Peter John Long, 2022AP496, District 2, 5/3/23 (one-judge decision; ineligible for publication); case activity (including briefs) The state concedes, and the court of appeals agrees, that Long is entitled to a hearing on his motion to reopen the default judgment entered in his refusal proceeding. Under § 806.07(1), a circuit court may reopen… Read more
1. 806.07, relief from jdgmt
Last week SCOTUS issued Kemp v. United States construing Federal Rule of Civil Procedure 60(b)(1). That rule allows a party to seek relief based on “mistake, inadvertence, surprise or excusable neglect” within one year of the date on which a judgment becomes final. Wisconsin’s analog is §806.07. The issue in Kemp was whether the term… Read more
State v. Michael R. Hess, 2015AP2423, 7/20/16, District 2 (1-judge opinion; ineligible for publication) case activity A decade after the circuit court entered a default judgment and revoked Hess’s license due to a drunk-driving event, he filed a motion to vacate per §806.07(1)(h). He claimed that he was not served with the notice of intent to revoke… Read more
City of Waukesha v. James F. Murphy, 2010AP2499, District 1/2, 11/29/11 court of appeals decision (1-judge, not for publication); for Murphy: Leonard G. Adent; case activity The City obtained dismissal of a then-pending OWI-1st, after discovering that Murphy had an OWI-related conviction. (Per Walworth Cnty. v. Rohner, 108 Wis. 2d 713, 722, 324 N.W.2d 682… Read more
Shelly J. v. Leslie W., 2011AP753, District 4, 7/28/11 court of appeals decision (1-judge, not for publication); for Shelly J.: Amy J. Lamerand Zott; case activity Shelly’s motion to reopen her TPR judgment, 7 years after she successfully petitioned for voluntary termination, was untimely under the 1-year deadline imposed by § 806.07(1)(a) and (c), nor did she show “extraordinary circumstances”… Read more
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erroneously exercised discretion in granting the state’s motion to vacate an SVP order for supervised release entered, but not implemented, almost four years earlier. Holding: Under § 806.07(1)(h), there is no… Read more
State v. Joseph Schultz, 224 Wis.2d 499, 591 N.W.2d 904 (Ct. App. 1999) For Schultz: Robert R. Raehsler Issue/Holding: A party in a civil case may seek relief from judgment under Wis. Stats., § 806.07. Where the basis for the motion is “mistake,” the primary question is whether the party’s conduct “was excusable under the… Read more
