808.07 Annotation
Under s. 808.07 (1) and s. 808.075 (1), a circuit court has authority to confirm a sheriff's sale even though an appeal of the judgment of foreclosure and sale is pending. Community Nat. Bank v. O'Neill,
157 Wis. 2d 244,
458 N.W.2d 385 (Ct. App. 1990).
808.07 Annotation
There are no different appellate procedures if a lis pendens has been filed in the underlying action and no specific provisions governing the protection of a party's interest in real estate during an appeal. The need to obtain a stay to maintain the status quo is not displaced by the common law doctrine of lis pendens. Gaugert v. Duve, 2000 WI App 34,
233 Wis. 2d 190,
607 N.W.2d 310.
808.075
808.075
Permitted court actions pending appeal. 808.075(1)(1) In any case, whether or not an appeal is pending, the circuit court may act under
ss. 804.02 (2),
805.15,
805.16,
805.17 (3),
806.07,
806.08,
806.15 (2),
806.24 (4),
808.07 (1) and
(2) and
809.12.
808.075(2)
(2) In a case appealed under
s. 809.30, the circuit court retains the power to act on all issues until the notice of appeal has been filed with the clerk of the trial court. Thereafter, the circuit court may act only as provided in
subs. (1) and
(4).
808.075(3)
(3) In a case not appealed under
s. 809.30, the circuit court retains the power to act on all issues until the record has been transmitted to the court of appeals. Thereafter, the circuit court may act only as provided in
subs. (1) and
(4).
808.075(4)
(4) The circuit court may act as to the following despite the pendency of an appeal:
808.075(4)(a)4.
4. Hearing for child held in custody under
s. 48.21 or an adult expectant mother of an unborn child held in custody under
s. 48.213.
808.075(4)(b)4.
4. Commitment, conditional release, recommitment and discharge under
s. 971.17 of a person found not guilty by reason of mental disease or defect.
808.075(4)(d)4.
4. Revision of judgment or order for child support, maintenance payments or family support payments under
s. 767.32 or
767.51.
808.075(4)(d)5.
5. Order for temporary maintenance, temporary child support or for suit money, counsel fees and disbursements in the appellate court under
s. 767.39.
808.075(4)(d)6.
6. Property division, where the court has expressly or impliedly reserved jurisdiction, provided the court does not revise or modify its final division of property.
808.075(4)(e)1.
1. Any matter, unless the appellate court directs the trial court not to act on specific issues or the trial court declines to act because the matter directly affects the issues on appeal.
808.075(4)(g)7.
7. Commitment, conditional release, recommitment and discharge under
s. 971.17 of a person found not guilty by reason of mental disease or defect.
808.075(5)
(5) Notwithstanding the limitations of this section, any party may petition the appellate court for remand to the circuit court for action upon specific issues.
808.075(6)
(6) In addition to
sub. (5), the appellate court may remand the record to the circuit court for additional proceedings while the appeal is pending.
808.075(7)
(7) Upon completion of an action taken by the circuit court under
sub. (1),
(4),
(5) or
(6) of this section, the clerk shall send a copy of the judgment or order to the appellate court.
808.075 History
History: Sup. Ct. Order, 146 Wis. 2d xiii (1988);
1989 a. 86;
1993 a. 16,
446,
479,
481;
1995 a. 38,
73,
77,
275;
1997 a. 35,
191,
292,
296,
334;
1999 a. 9.
808.075 Note
Judicial Council Note, 1988: In In re Marriage of Hengel v. Hengel,
120 Wis. 2d 522, 355 N. W. 2d 846 (Ct. App. 1984), the court of appeals held that since there is no specific statutory exception, the trial court had no competence to enter an order requiring the husband to contribute to his wife's attorney's fees for representation in the trial court after a notice of appeal had been filed. Section 808.075 is created to specify the actions that may be taken in circuit court after a notice of appeal has been filed in cases appealed under s. 809.30 and after transmittal of the record to an appellate court in other cases.
808.075 Annotation
Matters affecting trusts and estates have historically been treated as a series of special proceedings, and the trial court is charged with ongoing supervision and administrative duties affecting such matters. Because of the ongoing involvement of the trial court, sub. (4) (e) reserves full competence to act, unless it is determined that competence should be restricted as to specific issues. [Re Order effective Jan. 1, 1989]
808.075 Annotation
Under s. 808.07 (1) and s. 808.075 (1), a circuit court has authority to confirm a sheriff's sale even though appeal of judgment of the foreclosure and sale is pending. Community Nat. Bank v. O'Neill,
157 Wis. 2d 244,
458 N.W.2d 385 (Ct. App. 1990).
808.075 Annotation
An indigent in a civil case is entitle to waiver of transcript fees on appeal if the trial judge finds that the indigent believes that he or she is entitled to the redress sought on appeal. Girouard v. Jackson Circuit Ct.
155 Wis. 2d 148,
454 N.W.2d 792 (1990).
808.075 Annotation
When the court of appeals remands an appeal to the trial court for a Girouard determination, the court of appeals has jurisdiction to review that trial court decision without need for filing a 2nd notice of appeal. State v. Jacobus,
167 Wis. 2d 230,
481 N.W.2d 642 (Ct. App. 1992).
808.08
808.08
Further proceedings in trial court. When the record and remittitur are received in the trial court:
808.08(1)
(1) If the trial judge is ordered to take specific action, the judge shall do so as soon as possible.
808.08(2)
(2) If a new trial is ordered, the trial court, upon receipt of the remitted record, shall place the matter on the trial calendar.