By: Derek Hawkins//December 19, 2017//
WI Court of Appeals – District I
Case Name: City of Milwaukee Municipal Court v. Will J. Shepard
Case No.: 2017AP581
Officials: DUGAN, J
Focus: Court Error – Abuse of Discretion
Defendant Will J. Sherard appeals a circuit court order denying his motion to set aside the City of Milwaukee Municipal Court’s order for payment of the money judgments against him for building code violation fines. On appeal, Sherard contends that the Municipal Court erroneously exercised its discretion because the evidence showed that he was unable to pay the amounts as ordered and that the Municipal Court failed to consider other economic factors in Sherard’s finances. He also asserts, in essence, that the Municipal Court erred as a matter of law because the order is based, in part, on assets that are not his; rather, they are the assets of a separate business entity, Morocco Investments, LLC.
We conclude that the Municipal Court’s denial of Sherard’s request for further extensions in the payment of the money judgments was a proper exercise of discretion. Additionally, we conclude that Sherard forfeited the other issues he raises on appeal and he has not established that the real controversy was not tried. Therefore, we affirm the circuit court’s order.