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Tag Archives: Civil Procedure

2010AP2923 Przytarski v. Ackerman

Civil Procedure Entry of judgment This case has its genesis in an action Stephanie M. Przytarski, p/k/a Stephanie M. Kramschuster, brought against Marc J. Ackerman, Ph.D., in connection with her retention of Ackerman for a then-pending paternity action. Przytarski sued Ackerman, claiming that he breached the contract of retention. The circuit court dismissed Przytarski’s suit. Subsequently, the circuit court (a ...

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10-3672 Sawyer v. Atlas Heating and Sheet Metal Works, Inc.

Civil Procedure Statute of limitations; tolling; class actions Where a plaintiff in a proposed class action in state court voluntarily dismisses the case, the statute of limitations is tolled during the period the suit was pending. “Sawyer did not have any way to prevent Park Bank from dismissing the original suit—nor did the state court permit Sawyer to intervene and ...

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2010AP2308 Schapiro v. Pokos

Civil Procedure Sanctions Where the Court of Appeals orders that sanctions be imposed, the prevailing party need not bring a motion in the circuit court to enforce it. “Morters does not modify the procedure under Wis. Stat. § 806.16, which, as Schapiro acknowledges, on its face allowed the trial court to enter judgment regarding our December 2009 judgment in this ...

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08-2029 Mendez v. Perla Dental

Civil Procedure Jury instructions; waiver The defendants waived their objections to the jury instructions by failing to raise them. “The error in the jury instruction is simply a trial error that the defendants could have challenged on the merits, but they failed to do so at any appropriate point in time. At trial, the defendants agreed to the instruction, and ...

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2009AP000688 Foley-Ciccantelli v. Bishop’s Grove Condominium Association, Inc.

Civil Procedure Attorney disqualification; standing A non-client party may establish standing to disqualify an attorney when prior representation is so connected with the current litigation that the prior representation is likely to affect the just and lawful determination of the non-client party’s position; but appearance of impropriety is too low a standard to meet for disqualification. “We conclude that Bishop’s ...

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