Appeal found to be frivolous and wife entitled to costs.
No absolute rule that appealable order must have “finality statement”. Any ambiguity is to be liberally construed in favor of saving the appeal.
Sanctions should be imposed against wife’s counsel for brief containing omissions and affirmative misrepresentations.
An attorney sanctioned for misconduct must file his or her own notice of appeal in order to challenge the sanction and may not intervene in his client’s appeal.
Appeal dismissed as untimely – a judgment disposing of a claim is final even though a request for costs or attorney fees remains pending.
Review by the child judge under Wis. Stat. §801.58(2) is a necessary prerequisite to appeal a denial of request for substitution of judge.
Appellants may file notice of appeal by facsimile. Overrules Pratsch v Pratsch (201 Wis.2d 491 (1996), 548 N.W.2d 852).
Liberalizes substitution on remand after appeal, but does not change Parrish holding in family law cases.
Appellate court can choose not to address an issue if any error would be de minimus.
Judgement of paternity is not a final, appealable order where issues of child support and birthing expenses remain.
Where court decision is ambiguous, appeal court will give great deference to trial court’s resolution of ambiguity.
Wife filed motion under 805.17(3) Stats. for reconsideration of court’s decision 21 days after entry of judgment. Time for reconsideration expired after 20 days and may not be enlarged under any circumstances.
Trial court did not exercise its discretion when its “decision” only adopted wife’s memorandum to the court as its decision.
(1) Stay request is considered de novo by court of appeals (2) delineation of factors for a stay (3) Economic loss is not irreparable harm.
A contempt order is a final order in a special proceeding and is appealable as of right.
Notice of entry of judgment must be given within 21 days of entry of the judgment or order. An order is rendered when it is signed by the judge. An order is entered when it is filed in the office of the clerk of court.
(1) No abuse of discretion for court to reset child support following remand from an appeal without taking additional evidence. (2) Attorney fees on appeal were properly granted by trial court – even though wife had remarried and her new spouse has income.
Failure of court to consider debt is a manifest error which requires prior application to trial court before it will be considered on appeal.
Appellate court can assume the missing finding was determined in support of the judgment.
Trial court need not make findings of fact to support marital division when it picked one party’s figures over the other – appellate court must accept the inference chosen by the trial court.