By: WISCONSIN LAW JOURNAL STAFF//November 10, 2011//
Wisconsin Court of Appeals
Civil
Family – guardianship — final orders
A guardianship order is final and appealable, even though the circuit court said the parties could seek modification later, if necessary.
“The Masseys appear to argue that it matters that the circuit court stated at the time of the July order that it might later extend or modify the order. If the Masseys mean to make this argument, it is unavailing. The court’s observation is nothing more than a recognition that the guardianship order in this case, like guardianship orders generally, might be altered in the future. We agree with Townsend that there is no rule preventing guardianship matters from generating a series of final orders. See WIS. STAT. § 54.63 (providing for further proceedings to address expansion of a guardianship order) and WIS. STAT. § 54.64(2) (providing for further proceedings for review and modification of guardianships); cf. Sanders, 310 Wis. 2d 175, ¶26 (explaining that ‘the probate of an estate is a series of special proceedings, which are terminated with a series of orders that are final orders for the purposes of an appeal’).”
“The July 2010 order was final and appealable because it stated on its face that it was final for purposes of appeal and it did not require further action. Indeed, the circuit court made this clear when it explained that, going forward, ‘[i]f something has to be reviewed by the court, parties can make a petition to that effect.’”
Affirmed.
Recommended for publication in the official reports.
Dist. III, Dunn County, Smeltzer, J., Lundsten, J.
Attorneys: For Appellant: Moore, Terry, Eau Claire; For Respondent: Miller, Steven L., River Falls