Please ensure Javascript is enabled for purposes of website accessibility

Untimely Appeal

By: Derek Hawkins//December 7, 2016//

Untimely Appeal

By: Derek Hawkins//December 7, 2016//

Listen to this article

WI Court of Appeals – District I

Case Name: City of Milwaukee v. Cyrstal Putman

Case No.: 2016AP476

Officials: Curley, P.J.

Focus: Untimely Appeal

Crystal Putman, pro se, appeals an eviction judgment entered against her. She argues that the City of Milwaukee (City) failed to properly serve her with the Small Claims Summons and Complaint. Putman’s briefs reflect that she does not understand she can only appeal the denial of her WIS. STAT. § 806.07 motion and not the eviction itself. The time for an appeal of an eviction action as set forth in WIS. STAT. § 799.445 is fifteen days from the entry of judgment. Thus, her appeal of the eviction judgment is untimely. Putman’s appeal must fail. First, the issue she raises on appeal is not one that was presented below and this court will generally not entertain issues not raised below. Second, a review of the record reveals the trial court did not erroneously exercise its discretion when denying her motion. The trial court’s decision is affirmed.

Full Text


Attorney Derek A. Hawkins is the managing partner 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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests