Dane Co. DHS v. Kevin D., 2011AP2748, District 4, 2/2/12 court of appeals decision (1-judge, not for publication); for Kevin: Steven Zaleski; case activity Kevin’s failure to respond to the County requests for admission, § 804.11(2), led the trial court to deem those requests admitted, and then to grant summary judgment as to grounds based… Read more
10. Summary judgment
Rock Co. HSD v. Timothy F., 2011AP1354, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Timothy F.: Carl W. Chessir; case activity The court rejects Timothy F.’s challenge to grant of summary judgment as to grounds for termination (abandonment, § 48.415(1)(a)2.): even if Timothy arguably had “good cause” for not visiting his… Read more
Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10 court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which… Read more
Nathan Y. v. Tarik T., 2010AP992, District IV, 10/7/10 court of appeals decision (1-judge, not for publication); for Tarik T.: Philip J. Brehm The court rejects the argument that under Steven V. v. Kelley H., 2004 WI 47, ¶36, summary judgment is inappropriate when the ground alleged is abandonment. ¶7 … First, Steven V. explained that… Read more
State v. Jesenia R., 2009AP2906, District 1, 8/24/10 court of appeals decision (1-judge, not for publication); for Jesenia R.: Mary D. Scholle, SPD, Milwaukee Appellate No prejudice resulted from counsel’s failure to object to violation of the change-of-placement notice requirement in § 48.357. ¶¶15-16. The background is a bit fact-intensive. Roughly: The child (Elizabeth) had… Read more
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order was based on her default for failing to personally appear at the fact-finding hearing. Holding: ¶27 We… Read more
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order did not state the explicit § 48.415 ground relied on. Holding: ¶2 We conclude that Wis. Stat… Read more
State v. Bobby G., 2007 WI 77, reversing a summary order remanding the case to the court of appeals. Issue/Holding: ¶5 For the reasons set forth, we hold that in determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental… Read more
