2008AP2440-LV Parker v. Beverly Enterprises, Inc.

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Civil Procedure
Appellate jurisdiction

The Supreme Court has jurisdiction to review any order of the Court of Appeals.

"Rather than a matter of jurisdiction, our refusal to review the court of appeals' denial of a permissive appeal is a matter of practice, based on judicial administration and respect for the court of appeals' exercise of discretion. 'It is well settled that petitions seeking review of a court of appeals' denial of leave to appeal are generally not permitted.' Engelhaupt v. United Transp. Union, No. 2007AP18-LV, unpublished slip op., ¶5 (Wis. June 10, 2008). As we explained in Aparacor, '[a] contrary practice would divest the court of appeals of the discretion entrusted to it by sec. 808.03(2).' 97 Wis. 2d at 404."

"In sum, because the reasoning underlying the Teamsters and Worthington decisions no longer reflects Wisconsin's approach to appellate jurisdiction, the interpretation of Wis. Stat. § 788.15 advanced by those cases no longer comports with Wisconsin law. Further, although we have repeatedly stated that we will not review the court of appeals' decision to deny leave to appeal, our refusal is not based on lack of jurisdiction. Rather, it is based on practice, rooted in concerns for judicial administration and respect for the court of appeals' exercise of discretion."

Motion Denied.

2008AP2440-LV Parker v. Beverly Enterprises, Inc.

Bradley, J.

Attorneys: For Appellant: Pitman, Jeffrey A., Milwaukee; Kritske, Lisa L., Milwaukee; For Respondent: Johnson, Robert F., Milwaukee; Fleming, Colleen M., Milwaukee

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