Peerenboom v. Peerenboom
Appellate court can assume the missing finding was determined in support of the judgment.
Appellate court can assume the missing finding was determined in support of the judgment.
Failure of court to consider debt is a manifest error which requires prior application to trial court before it will be considered on appeal.
(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.
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.
A contempt order is a final order in a special proceeding and is appealable as of right.
(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.
Trial court did not exercise its discretion when its “decision” only adopted wife’s memorandum to the court as its decision.
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.
Where court decision is ambiguous, appeal court will give great deference to trial court’s resolution of ambiguity.
Judgement of paternity is not a final, appealable order where issues of child support and birthing expenses remain.