By: Derek Hawkins//March 22, 2018//
WI Court of Appeals – District IV
Case Name: Kim W. McCutchin v. Terri Morrow p/k/a Terri Laws
Case No.: 2017AP1407
Officials: KLOPPENBURG, J.
Focus: Court Error – Retaliatory Eviction
Terri Morrow appeals a judgment of eviction entered against her for her failure to pay rent to her landlord, Kim McCutchin. I affirm the judgment. Morrow argues that the circuit court erred because: (1) it did not determine whether the eviction was retaliatory, and in violation of WIS. STAT. § 704.45(1), and (2) it “ordered [Morrow] to vacate the premises on a date certain in the absence of a request for and issuance and service of a writ of restitution.” McCutchin argues that the circuit court properly disregarded Morrow’s retaliatory eviction defense because of her undisputed failure to pay rent, and that a writ of restitution was not required in this case or, alternatively, any harm by failing to issue a writ was harmless.