Please ensure Javascript is enabled for purposes of website accessibility

Court Error – Abuse of Discretion

By: Derek Hawkins//December 19, 2017//

Court Error – Abuse of Discretion

By: Derek Hawkins//December 19, 2017//

Listen to this article

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.

Full Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests