Court Error – Dismissal Order

By: Derek Hawkins//July 5, 2017//

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WI Court of Appeals – District III

Case Name: Amos Financial, LLC v. Kenneth J. Langeslay, et al.

Case No.: 2016AP1699

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Court Error – Dismissal Order

As a sanction for failing to comply with a court order and several civil procedure statutes, the circuit court dismissed Amos Financial, LLC’s lawsuit to enforce a loan agreement against Kenneth and Elaine Langeslay. Amos contends the order dismissing its lawsuit is void because the circuit court failed to provide adequate notice that dismissal was a possible sanction for Amos’ conduct. We conclude the dismissal order is not void because WIS. STAT. § 805.03 (2015-16),1 provided constructive notice that dismissal was a possible sanction. We lack jurisdiction to consider Amos’ other arguments regarding the dismissal order. Amos has failed to develop any argument that the circuit court erred by denying Amos’ subsequent WIS. STAT. § 806.07 motion to vacate the dismissal order. Accordingly, we affirm.

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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.

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