Statutory Interpretation – Default Judgement

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WI Court of Appeals – District II

Case Name: Shannon Patrick Haggett v. Joseph R. Voboril

Case No.: 2017AP2039

Officials: HAGEDORN, J.

Focus: Statutory Interpretation – Default Judgement

In August 2017, Shannon Patrick Haggett filed a small claims summons and complaint against Joseph R. Voboril. Default judgment was entered against Voboril for $1144.50. Voboril subsequently filed a motion to reopen the judgment, which the circuit court denied. Voboril now appeals, but he appeals from the default judgment and not the order denying his motion to reopen.

WISCONSIN STAT. § 799.29(1)(a) provides that, in small claims actions, “[t]here shall be no appeal from default judgments, but the trial court may, by order, reopen default judgments upon notice and motion or petition duly made and good cause shown.” Because the default judgment is not an appealable order, we do not have jurisdiction to review this appeal and it must be dismissed. Thomas/Van Dyken Joint Venture v. Van Dyken, 90 Wis. 2d 236, 241, 279 N.W.2d 459 (1979) (“If the judgment is not appealable, this court is without jurisdiction to consider the merits of the controversy.”).

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.