Equal Protection Claim and Jurisdiction

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WI Court of Appeals – District IV

Case Name: Michael S. Eisenga v. Clare A. Eisenga

Case No.: 2016AP1946

Officials: Sherman, Blanchard, and Kloppenburg, JJ

Focus: Equal Protection Claim and Jurisdiction

Michael Eisenga appeals an order dismissing his post-divorce motion to modify child placement and a subsequent order denying his motion for reconsideration of the dismissal. However, after Michael filed a notice of appeal, we issued an order in which we concluded that Michael’s appeal of the original order was untimely and, therefore, that we lack jurisdiction to review that order. Noting that our jurisdiction over a motion for reconsideration is limited to review of issues that were not decided in a circuit court’s original decision, we instructed the parties to address in their appellate briefing the threshold jurisdictional issue. We conclude that we have jurisdiction over only one issue that Michael raises on appeal, an equal protection claim, and we reject his equal protection argument. Accordingly, we affirm.

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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.