By: Derek Hawkins//July 8, 2021//
WI Court of Appeals – District IV
Case Name: Janelle Lynn Schimke, v. Mark John Schimke
Case No.: 2019AP2362
Officials: Fitzpatrick, P.J., Graham, and Nashold, JJ.
Focus: Appellate Jurisdiction
Approximately nine years after Janelle Casey and Mark Schimke divorced, Casey petitioned for a constructive trust, alleging that Schimke had failed to make required financial disclosures under WIS. STAT. § 767.127 (2019-20) at the time of divorce. The circuit court dismissed Casey’s petition, and Casey filed a motion for reconsideration, which the court also denied. In an order from this court dated January 31, 2020, we noted that Casey had not timely appealed the order dismissing her petition, but had sought to appeal the order denying her motion for reconsideration. We requested that the parties address the issue of jurisdiction in their briefing. Because we conclude that we lack appellate jurisdiction over Casey’s appeal, we dismiss the appeal.