Schmidt v. Wisonsin OConnor Corp. Schmidt v. Wisonsin OConnor Corp.

Schmidt v. Wisonsin OConnor Corp‪.‬

255 Wis.2d 834, 646 N.W.2d 855, 2002 WI App 134 (Wis.App. 04/10/2002)

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Publisher Description

1. David Schmidt and Shelby Williams (collectively, Schmidt) appeal from a circuit court order dismissing their postjudgment motion to reconsider a Wis. Stat. ch. 799 small claims judgment based on a court commissioners decision that denied them double damages and attorneys fees pursuant to Wis. Stat. § 100.20(5). The circuit court determined that in small claims actions the law contemplates a trial de novo from a disputed court commissioners decision and that Schmidts reconsideration motion was untimely. The circuit court also indicated that the reconsideration motion failed to establish a basis for relief from the judgment. We conclude that the circuit court lacked competency to address the reconsideration motion. In addition, we conclude that this court cannot address Schmidts appeal because it is from a final judgment entered from a court commissioners decision, rather than from the circuit court. Accordingly, we dismiss the appeal.

GENRE
Professional & Technical
RELEASED
2002
10 April
LANGUAGE
EN
English
LENGTH
6
Pages
PUBLISHER
LawApp Publishers
SIZE
60.9
KB

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