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Civil Procedure – appeal — waiver

By: WISCONSIN LAW JOURNAL STAFF//March 8, 2012//

Civil Procedure – appeal — waiver

By: WISCONSIN LAW JOURNAL STAFF//March 8, 2012//

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Wisconsin Supreme Court

Civil

Civil Procedure – appeal — waiver

A party that did not participate in the case at the circuit court waives its right to appeal.

“What is inescapable in reviewing the record in this case is the sense that the United States almost begrudgingly took steps ‘to preserve its right to appeal’ in only the most technical sense while, ironically, overlooking fundamental appellate principles establishing what parties must do to preserve that right: raise their issues in the circuit court in the first instance. The court of appeals dismissed the appeal on the basis of an unauthorized signature on the notice of appeal. In reaching our conclusion, we focus not on the signature, but on the fact that the notice of appeal itself was the only effort by the United States to involve itself with the circuit court. It did, as noted, attempt to remove this matter to federal court. Despite its apparent outrage at the injunction (in one filing to the court of appeals it stated, ‘[W]e are not aware of any other creditor that was so mistreated’), the United States chose to remain on the sidelines while the rehabilitation was proceeding in the circuit court and chose not to raise its objections until after the final order was entered.”

Affirmed.

2011AP987 Nickel v. U.S.

Crooks, J.

Attorneys: For Appellant: Humphrey, Richard D., Madison; Vaudreuil, John W., Madison; Kovacev, Robert J., Washington, D.C.; Snyder, Hilarie, Washington, D.C.; Sheehan, Anthony T., Washington, D.C.; For Respondent: Van Sicklen, Michael B., Madison; Walsh, David G., Madison; Tsao, Naikang, Madison; Lynch, Matthew, Madison

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