Statutory Time Limits – Request for De Novo Trial

By: Derek Hawkins//July 20, 2015//

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Civil

WI Court of Appeals – District II

Officials: REILLY, J

Statutory Time Limits – Request for De Novo Trial

2014-AP-2859 Timothy L. Hoeller v. Dr. Michael Kula, Psy.D.

Appellant appeals decision dismissed by a circuit court commissioner on October 13, 2014. The circuit court later held that a letter filed by Hoeller on October 24, 2014, constituted a request for a de novo trial, but was untimely under WIS. STAT. § 799.207(2). Hoeller appeals the circuit court’s determination that his request was untimely, arguing that WIS. STAT. § 799.28(2) applies to time limits in this case and allows him the right to file a request for a de novo hearing up to one year after the commissioner’s decision. We affirm the circuit court’s decision that § 799.207(2) governs time limits for small claims actions heard before circuit court commissioners and find Hoeller’s request to be untimely.

Decision

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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