Frivolous Appeal and Attorney Fees

Listen to this article

WI Court of Appeals – District I/III

Case Name: Rafeal D. Newson v. Jeffrey Wagner

Case No.: 2021AP000714

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Frivolous Appeal and Attorney Fees

Newson, pro se, appeals dismissal of his claims against current Milwaukee County Circuit Court Judge Jeffrey Wagner and former Milwaukee County Circuit Court Judges Kitty Brennan and John DiMotto (collectively, “the judicial defendants”). Newson also appeals an order that: (1) denied his motion for a default judgment against Milwaukee County and former Milwaukee County Court Commissioner Frank J. Liska, Jr. (collectively, “the county defendants”); and (2) dismissed his claims against the county defendants. In response, the county defendants assert that Newson’s appeal is frivolous, and they request an award of fees and costs under WIS. STAT. RULE 809.25(3) (2021-22).

The appeals court concludes that the circuit court properly dismissed Newson’s claims against the judicial defendants because those claims are barred by the applicable statute of limitations; and further concludes that the court properly denied Newson’s motion for a default judgment and dismissed his claims against the county defendants because Newson failed to prove that he properly served the county defendants Newson’s appeal is not, however, frivolous under WIS. STAT. RULE 809.25(3) and thus denies the county defendants’ request for fees and costs.

Affirmed.

Decided 05/09/23

Full Text