State ex rel Ralph A. Kalal v. Circuit Court for Dane County, 2004 WI 58
For Kalal: Waring R. Fincke
Issue/Holding:
¶17 A “writ of supervision is not a substitute for an appeal.” State ex rel. Dressler v. Circuit Court for Racine County, 163 Wis. 2d 622, 630, 472 N.W.2d 532 (Ct. App. 1991). The decision whether to issue a supervisory writ “is controlled by equitable principles and, in our discretion, we can consider the rights of the public and third parties.” Id. A supervisory writ “is considered an extraordinary and drastic remedy that is to be issued only upon some grievous exigency.” Id. A petitioner seeking a supervisory writ must establish the following:
A petition for a supervisory writ will not be granted unless: (1) an appeal is an inadequate remedy; (2) grave hardship or irreparable harm will result; (3) the duty of the trial court is plain and it must have acted or intends to act in violation of that duty; and (4) the request for relief is made promptly and speedily.
Burnett v. Alt, 224 Wis. 2d 72, 96-97, 589 N.W.2d 21 (1999)….
