Sanctions – Summary Reversal of Appeal

Raz v. Brown, 2003 WI 29
Issue/Holding: Because it is no different in effect from dismissal with prejudice, summary reversal is a “drastic sanction” triggering the test under State v. Smythe, 225 Wis. 2d 456, 592 N.W.2d 628 (1999) and § 809.83(2), and may not be imposed “without finding egregious conduct, bad faith, or a litigant’s abandonment of the appeal.” ¶¶3, 16-18. Under the particular facts, the litigant’s failure to file a response brief did not satisfy this test.