Lack of Jurisdiction – Service of Notice of Appeal

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Civil

WI Court of Appeals – District II

Officials: REILLY, P.J

Lack of Jurisdiction – Service of Notice of Appeal

2015AP576-FT Village of Thiensville v. Conor B. Fisk

Conor B. Fisk was cited in municipal court with operating a motor vehicle while under the influence of intoxicants (OWI) and with a prohibited alcohol concentration (PAC) in violation of Village of Thiensville ordinances adopting WIS. STAT. § 346.63(1)(a) and (b). The municipal court acquitted Fisk on the OWI charge but convicted him on the PAC. Twenty days after trial, Fisk filed a notice of appeal of the PAC conviction with the municipal court. Fisk attached the notice to an email that he sent to the municipal prosecutor’s office account at 9:02 p.m. on the same day. The Village moved to dismiss Fisk’s appeal on the basis that Fisk failed to properly serve his notice of appeal on the Village and, therefore, the circuit court did not have jurisdiction. The court agreed and dismissed Fisk’s appeal. We reverse and remand to the circuit court to reinstate Fisk’s appeal.

Decision

Reverse and Remanded

Full Text

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