Small Claims – De Novo Review

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WI Court of Appeals – District II

Case Name: Team Property Management LLC v. Brian Reiss, et al

Case No.: 2016AP2163

Officials: Reilly, P.J.

Focus: Small Claims – De Novo Review

This appeal addresses time limits for requesting de novo review of a money judgment in a WIS. STAT. ch. 799 smalls claims action. Team Property Management LLC (Team) was initially granted a money judgment in the amount of $6879.50 against Brian and Holly Reiss (Reiss) by a circuit court commissioner. Reiss requested de novo review fourteen days later. Team moved the court to deny de novo review on the grounds that a request must be made within ten days of a court commissioner’s oral grant of the judgment under WIS. STAT. § 799.207(2)(b). Reiss argued their request was timely under WIS. STAT. § 801.15(1)(b) which excludes all Saturdays, Sundays and holidays from the time computation. The circuit court granted de novo review, found for Team, and awarded $5250.50. As we conclude that § 801.15 does not apply in a ch. 799 proceeding, Reiss’s appeal for de novo review was not timely, and we reverse and remand for the circuit court to affirm the judgment issued by the circuit court commissioner.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.