Property – foreclosure — standing

Listen to this article

Wisconsin Court of Appeals

Civil

Property – foreclosure — standing

Larry N. Scruggs, pro se, appeals from a trial court order denying Scruggs’s motion to reopen a default judgment pursuant to Wis. Stat. § 806.07(1)(d) and (h) (2011-12).[1] We conclude, as we did in 2011 when Scruggs appealed a similar order, that Scruggs lacks standing to challenge the default judgment because he was dismissed as a party in 2009. In addition, this court concludes that the appeal is frivolous because Scruggs “knew, or should have known, that the appeal … was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law.” See Wis. Stat. Rule 809.25(3)(c)2. Therefore, we remand for the assessment of costs and fees, including reasonable appellate attorney fees, pursuant to Rule 809.25(3). This opinion will not be published.

2013AP2635 Wauwatosa Savings Bank v. Scruggs et al.

Dist I, Milwaukee County, Van Grunsven, J., Per Curiam

Attorneys: For Appellant: Scruggs, Larry N., pro se; For Respondent: Neary, Elizabeth A., Waukesha; Schoendorf, Michael T., Waukesha

Full Text