RBJ Restaurant Group LLC (RBJ), a Papa Johns franchise owner, appeals the non-final order denying a motion to dismiss for insufficient service of the summons and complaint.
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Case Digests – WI Court of Appeals
Postconviction Relief-Evidence
McCauley appeals a judgment of conviction for felony murder and possession of a firearm by a felon.
Read More »Court Error – Dispositional Order
The State of Wisconsin appeals dispositional orders by the trial court relating to petitions seeking a determination that X.B.A.-S. was a juvenile in need of protection or services (JIPS).
Read More »Jury Selection
The primary issue in this consolidated appeal is whether the Milwaukee County Clerk’s Office (hereinafter, “Clerk’s Office”) failed to randomly select jurors as required by WIS.
Read More »Postconviction Relief – Ineffective Instance of Counsel
Kimble appeals his conviction entered upon a jury’s verdict for first-degree recklessly endangering safety while armed, as well as the order denying his motion for postconviction relief without a hearing.
Read More »“Educational Malpractice”
Michelle Jauquet, as legal guardian of Alex, appeals from a circuit court order granting Green Bay Area Catholic Education, Inc.’s (GRACE) motion to dismiss her amended complaint for failure to state a claim upon which relief can be granted pursuant to WIS. STAT. § 802.06(2)(a)6. (2019-20).
Read More »Negligence-Duty of Care
Rush appeals the order granting summary judgment in favor of Twin City Fire Insurance Company, Batteries Plus, LLC, and Fred W. Storm, LLC dismissing her complaint alleging negligence and a violation of the safe place statute claims arising out of a slip and fall accident on a sidewalk curb.
Read More »Termination of Parental Rights
Chloe appeals the orders of the trial court terminating her parental rights to David, Josh, and Josie.
Read More »Termination of Parental Rights
Rebecca appeals from orders of the circuit court terminating her parental rights to her three children.
Read More »Abuse of Discretion – Admission of Evidence
Dilysi appeals from a judgment convicting him of two counts of second-degree sexual assault of a child under sixteen years of age and one count of child enticement.
Read More »Rental Guaranty – Costs
Barth appeals a small claims judgment for $791.33 entered against her based upon her liability to Home Market Investments, LLC, (HMI) under a Co-Signor Rental Guaranty Agreement (the Guaranty).
Read More »Class Action-Data Breach
Reetz appeals the dismissal of her class action against Advocate Aurora Healthcare, Inc. Reetz alleged negligence, invasion of privacy, breach of contract, breach of implied covenant of good faith and fair dealing, and declaratory relief for Aurora’s actions related to a data breach of personal information from Aurora’s systems.
Read More »Suppression of Evidence – Blood Test
Ozimek appeals an order revoking his privilege to operate a motor vehicle for one year based upon his refusal to submit to an evidentiary blood draw.
Read More »Guardianship-Competency
Petitioner appeals the circuit court’s finding that she is incompetent and the resulting order establishing the guardianship of her and of her estate, as well as an order for her protective placement after petitioner fell and her husband suffered a stroke.
Read More »Waiver of Juvenile Court Jurisdiction
M.N., Jr. (“Max”) appeals from a non-final order waiving him into adult court. Max contends that the circuit court erroneously believed that supervision and services for him would end when he reached the age of eighteen.
Read More »Plea Withdrawal –Child Abuse
Hughes appeals her judgment of conviction after she pled guilty to four counts relating to the child abuse and neglect of T.W. and J.W. She also appeals from the order denying her postconviction motion.
Read More »Ineffective Assistance of Counsel-Jury Instruction
Lorainz D. Johnson appeals from a judgment of conviction for first-degree reckless homicide and an order of the circuit court denying his postconviction motion for a new trial.
Read More »Reasonable Suspicion – Suppression of Evidence
James Timothy Genous appeals from a judgment of conviction, following a guilty plea, to one count of felon in possession of a firearm.
Read More »Election Law
Kormanik sued the Wisconsin Elections Commission ("WEC") alleging that two documents provided by the WEC to municipal clerks erroneously interpreted certain election statutes as permitting a clerk to "spoil" an absentee ballot at an elector's request.
Read More »Sufficiency of Evidence
Sanchez Wilson appeals a judgment of conviction entered after a jury found him guilty of first-degree sexual assault of a child, first-degree reckless injury while using a dangerous weapon, and possessing a firearm while a felon.
Read More »Insurance – Uninsured Motorist Coverage
Van Handel appeals a circuit court order granting Federated Mutual Insurance Company summary judgment and dismissing all claims against Federated with prejudice.
Read More »Real Estate – Easement Interpretation
Roff appeals from an order declaring as ambiguous an easement for ingress and egress over his property to permit Arvo Eilau and Joyce Dzik (collectively, “Eilau”) access to an island they own that is located offshore from Roff’s property.
Read More »Landlord-tenant Relationship
Chris and Kelly Roe appeal a circuit court judgment dismissing their counterclaims against their former landlord, Clint Heiman.
Read More »Ineffective Assistance of Counsel
Terrence Jeff Cloyd, Jr., appeals judgments of conviction for multiple drug, weapon possession, and bail jumping charges entered upon guilty pleas in two separate cases; and appeals the two circuit court denials of his postconviction motions without a hearing.
Read More »Termination of Parental Rights
D.W., Jr. appeals the order of the trial court terminating his parental rights to J.W. D.W., Jr. argues that the trial court erroneously exercised its discretion in determining the best interests of J.W. by failing to consider relevant evidence, particularly with regard to D.W., Jr.’s request that a guardian be appointed for J.W. as an alternative to termination.
Read More »Guardianship Termination
L.H. and Cord Williams Klein, as the personal representatives for the Estate of L.H. appeal an order of the trial court terminating the guardianship of L.H. by Easter Seals upon L.H.’s death.
Read More »Ineffective Assistance of Counsel
Brown appeals from a judgment, entered upon his no-contest pleas, convicting him of one count of operating a motor vehicle while intoxicated (OWI), causing injury, as a third offense, and one count of injury by intoxicated use of a motor vehicle.
Read More »Divorce – Child Placement Order Change
Biehl appeals an order increasing Hyde’s physical placement of the parties’ then nearly eight-year-old daughter, which resulted in the parties having equal placement of the child.
Read More »Termination of Parental Rights
Alexis appeals from an order of the trial court terminating her rights to her son, Tom. 2 On appeal, she argues that the...
Read More »Involuntary Commitment
Carter appeals an order extending his involuntary commitment under WIS. STAT. § 51.20.
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