Failure to File Notice of Appeal

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WI Court of Appeals – District IV

Case Name: City of Verona v. Edward A. Sieverding

Case No.: 2017AP1813

Officials: FITZPATRICK, J.

Focus: Failure to File Notice of Appeal

The Verona Municipal Court issued a judgment against Edward Sieverding, finding him guilty of operating a motor vehicle after suspension, operating without insurance, operating while intoxicated, and operating with a prohibited alcohol content. Sieverding tried to appeal the municipal court decision to the Dane County Circuit Court, but he did not give the City of Verona notice of the appeal. The circuit court granted the City’s motion to dismiss the appeal for lack of jurisdiction due to Sieverding’s failure to give notice to the City. On appeal, Sieverding argues that he complied with the requirements of WIS. STAT. § 800.14 because he notified the municipal clerk who, in turn, notified the City of the appeal via email. In the alternative, Sieverding argues that the City waived its right to object to the improper notice. I reject Sieverding’s arguments and affirm the circuit court’s dismissal of the appeal.

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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.