Civil Procedure — appeal

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Wisconsin Court of Appeals

Civil

Civil Procedure — appeal

If a postjudgment order results in the immediate transfer of title to property, it is a final order for purpose of appeal.

“A general rule first espoused by the United States Supreme Court, and followed by federal courts, provides that an order that ‘decides the right to the property in contest, and directs it to be delivered up’ is final and appealable. Forgay v. Conrad, 47 U.S. 201, 204 (1848). This rule is based on the notion that a party will suffer irreparable harm if forced to wait before it can appeal an order involving ‘an immediate transfer of title to property.’ Faysound Ltd. v. Falcon Jet Corp., 940 F.2d 339, 343 (8th Cir. 1991). Such a rule is instructive for Wisconsin courts charged with determining the finality for purpose of appeal of orders issued over the course of protracted postjudgment proceedings in aid of execution, as here. Our courts already recognize such a principle in certain special proceedings that involve the transfer of property title, such as probate. See Sanders v. Estate of Sanders, 2008 WI 63, ¶¶27-29, 310 Wis. 2d 175, 750 N.W.2d 806. Indeed, this principle was at work when we heard the Nelsons’ prior appeal. The Nelsons do not adequately explain why the November 2008 order, which also lacked a finality statement and was predicated on motions filed during supplementary proceedings in the execution of the foreign judgment, was appealable but subsequent orders were not.”

Affirmed.

Recommended for publication in the official reports.

2012AP1528 Orlando Residence Ltd. v. Nelson

Dist. II, Ozaukee County, Muehlbauer, J., Reilly, J.

Attorneys: For Appellant: Ahrens, Gary A., Milwaukee; For Respondent: Wagner, K. Scott, Milwaukee; Condon, Jacques C., Brookfield