Omernick v. Peckham
722 N.W.2d 400, 296 Wis.2d 420, 2006 WI App 194, 2006.WI.0000763
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Publisher Description
1 Ray Omernick, pro se, appeals a judgment dismissing his lawsuit against Pat Peckham, and awarding Peckham costs and attorney fees for a frivolous claim. In April 2004, Omernick filed suit against Peckham, alleging Peckham had defamed him in a newspaper article. Peckham moved to dismiss the case based on Omernicks failure to first serve a retraction or correction demand on Peckham or the newspaper, as required under WIS. STAT.§ 895.05(2). The circuit court dismissed the action and Omernick appealed. That appeal was dismissed for lack of jurisdiction based on Omernicks failure to timely file a notice of appeal. His motion for reconsideration and subsequent petition for review were denied.