01-2493 Schmidt v. Wisconsin O'Connor Corporation

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David Schmidt and Shelby Williams (collectively, Schmidt) appeal from a circuit court order dismissing their postjudgment motion to reconsider a Wis. Stat. ch. 799 small claims judgment based on a court commissioner’s decision that denied them double damages and attorney’s fees pursuant to Wis. Stat. sec. 100.20(5). The circuit court determined that in small claims actions the law contemplates a trial de novo from a disputed court commissioner’s decision and that Schmidt’s reconsideration motion was untimely. The circuit court also indicated that the reconsideration motion failed to establish a basis for relief from the judgment. We conclude that the circuit court lacked competency to address the reconsideration motion. In addition, we conclude that this court cannot address Schmidt’s appeal because it is from a final judgment entered from a court commissioner’s decision, rather than from the circuit court.

Accordingly, we dismiss the appeal. This opinion will not be published.

Dist II, Waukesha County, Foster, J., Snyder, J.

Attorneys:

For Appellant: Patrick Flanagan, Milwaukee

For Respondent: Paul K. O’Connor, Waukesha