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WI Court of Appeals Digest

Jan 17, 2017

Sales & Use Tax

In this sales and use tax case, the Tax Appeals Commission concluded: (1) Stuyvesant Dredging, Inc.’s (SDI) activity of separating dredged material from the Fox River into its constituent parts constituted “processing” of tangible personal property under WIS. STAT. § 77.52

Jan 17, 2017

Foreclosure

Nationstar Mortgage LLC, n/k/a Bank of America, NA, appeals orders that: dismissed its foreclosure action against Robert Stafsholt and others; reinstated the underlying mortgage with a principal balance of $172,108.17; and permitted a $24,406.89 offset against that balance to account for attorney fees Stafsholt incurred in the foreclosure proceedings.

Jan 17, 2017

Property Tax Assessment

We are once again asked to review property tax assessments involving a national drugstore chain—this time CVS Pharmacy, Inc.

Jan 17, 2017

Housing Discrimination

Girard and Lindsay Jones appeal a judgment dismissing their state and federal disparate treatment housing discrimination claims against John Baecker.

Dec 29, 2016

Motion To Suppress

John Myer challenges a suppression ruling of the circuit court in this appeal of a judgment finding him guilty of operating a motor vehicle while intoxicated, second offense.

Dec 29, 2016

Court Error – Discovery Sanctions – Special Verdict

Taylor Peterson appeals the circuit court’s judgment entered after a jury rejected Peterson’s informed consent (medical malpractice) claim against Dr. Elizabeth Ault Brinker and Gundersen Clinic Professional Liability Insurance Plan (Gundersen Insurance). Peterson seeks a new trial for two reasons.

Dec 29, 2016

Prison Disciplinary Action

Scott Kieson, an inmate at the Waupun Correctional Institution (WCI), appeals the circuit court’s order that affirmed on the merits two related administrative decisions arising out of a prison disciplinary action.

Dec 29, 2016

Surplus Funds Entitlement – Liquidation

Michael Polsky, the WIS. STAT. ch. 128 receiver for Community Health Partnership (CHP), appeals an order of the circuit court denying Polsky’s motion for an order declaring that CHP is entitled to any and all surplus funds from the liquidation of Partnership Health Plan, Inc. (PHP).

Dec 29, 2016

Wisconsin Equal Access to Justice Act – Fees

Judith Ann Detert-Moriarty appeals an order by the circuit court denying her motion for fees and costs under WIS. STAT. § 814.245 (2013-14), which is the Wisconsin Equal Access to Justice Act (WEAJA).

Dec 29, 2016

Termination of Parental Rights

C.C. appeals from an order of the circuit court terminating her parental rights to L.G. C.C. challenges the circuit court’s determination on summary judgment that grounds existed to terminate C.C.’s parental rights.

Dec 29, 2016

Motion For New Trial – Waiver

Michael L. Washington appeals from his conviction for burglary and resisting an officer and a postconviction order denying his motion for a new trial. Washington asserts that his convictions should be vacated and he should be granted a new trial as his absence from the entirety of his jury trial violated his statutory right to be present under WIS. STAT. § 971.04(1) (2013-14).2

Dec 29, 2016

Divorce – Marital Settlement Agreement – Special Master

Pursuant to a stipulation entered between the parties modifying their marital settlement agreement (MSA) on placement, the parties agreed to reduce the placement of the children with Russell O. Rose to alternating weekends and to use a special master/referee to resolve any future disputes between the parties involving modification to placement.

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