Divorce Proceedings – Motion for Relief and Motion for Sanctions Denied

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WI Court of Appeals – District I

Case Name: Shirley Ann Rogahn Wenzel v. Jeffery Thomas Wenzel

Case No.: 2016AP1771

Officials: Brennan, P.J., Kessler and Dugan, JJ.

Focus: Divorce Proceedings – Motion for Relief and Motion for Sanctions Denied

Jeffery Thomas Wenzel appeals from that part of the circuit court’s order which denied his motion for relief from judgment based on financial documents turned over to him by his former wife, Shirley Ann Rogahn Wenzel. Shirley also cross-appeals from that part of the circuit court’s order which denied her motion for sanctions.

On appeal, Jeffery contends that, in denying the motion for relief from judgment, the postjudgment court erroneously exercised its discretion and erred as a matter of law by creating new requirements for relief. We disagree and, therefore, affirm that portion of the order.

On cross-appeal, Shirley contends that, in denying the motion for sanctions, the postjudgment court applied an incorrect legal standard by applying the test applicable to fees and costs in a divorce action, rather than applying the test for sanctions for frivolousness. We agree and, therefore, reverse the order denying Shirley’s sanctions motion and remand for further proceedings consistent with our directions.

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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.