808.075 Note
Judicial Council Note, 2001: The second sentence in sub. (2) is a codification of
State v. Harris,
149 Wis. 2d 943,
440 N.W.2d 364 (1989). Subsection (8) is intended to clarify procedure following a remand and to eliminate an additional notice of appeal or cross-appeal. The obligations of a person filing a statement of objections are the same as those of a cross-appellant. [Re Order No. 00-02 effective July 1, 2001]
808.075 Annotation
Under s. 808.07 (1) and sub. (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 National 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 entitled to waiver of transcript fees on appeal if the trial judge finds that the indigent has arguable reason to believe that he or she is entitled to redress on appeal. State ex rel. Girouard v. Jackson County Circuit Court,
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 the 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.
808.08(3)
(3) If action or proceedings other than those mentioned in
sub. (1) or
(2) is ordered, any party may, within one year after receipt of the remitted record by the clerk of the trial court, make appropriate motion for further proceedings. If further proceedings are not so initiated, the action shall be dismissed except that an extension of the one-year period may be granted, on notice, by the trial court, if the order for extension is entered during the one-year period.
808.08 History
History: 1977 c. 187.
808.08 Annotation
“Further proceedings" under s. 801.58 (7) and sub. (3) have the same definition. State ex rel. Ondrasek v. Calumet Circuit Court,
133 Wis. 2d 177,
394 N.W.2d 912 (Ct. App. 1986).
808.08 Annotation
A “specific action" under sub. (1) is one that requires no exercise of discretion by the trial court. “Further proceedings" under sub. (3) are those requiring the exercise of discretion by the trial court. State ex rel. J.H. Findorff v. Circuit Court for Milwaukee County,
2000 WI 30,
233 Wis. 2d 428,
608 N.W.2d 679,
97-3452.
808.08 Annotation
In the absence of a remand order in the mandate line or some other clear directive from the appellate court ultimately deciding the appeal, a trial court whose judgment or final order has been affirmed by the appellate court on the merits has no authority to reopen the case for an amended complaint. Tietsworth v. Harley-Davidson, Inc.
2007 WI 97,
303 Wis. 2d 94,
735 N.W.2d 418,
04-2655.
808.09
808.09
Reversal, affirmance or modification of judgment. Upon an appeal from a judgment or order an appellate court may reverse, affirm or modify the judgment or order as to any or all of the parties; may order a new trial; and, if the appeal is from a part of a judgment or order, may reverse, affirm or modify as to the part appealed from. In all cases an appellate court shall remit its judgment or decision to the court below and thereupon the court below shall proceed in accordance with the judgment or decision.
808.09 History
History: 1977 c. 187.
808.09 Annotation
The court of appeals may not direct a circuit court to enter a judgment of conviction of a lesser included offense when the jury verdict of guilty on the greater offense is reversed for insufficiency of evidence and the jury was not instructed on the lesser included offense. State v. Myers,
158 Wis. 2d 356,
461 N.W.2d 777 (1990).
808.09 Annotation
The court of appeals has authority to grant a summary judgment motion that was denied by the trial court. Interest of Courtney E.
184 Wis. 2d 592,
516 N.W.2d 422 (1994).
808.09 Annotation
In the absence of a remand order in the mandate line or some other clear directive from the appellate court ultimately deciding the appeal, a trial court whose judgment or final order has been affirmed by the appellate court on the merits has no authority to reopen the case for an amended complaint. Tietsworth v. Harley-Davidson, Inc.
2007 WI 97,
303 Wis. 2d 94,
735 N.W.2d 418,
04-2655.
808.09 Annotation
Unless the supreme court explicitly states otherwise, a court of appeals opinion overruled by the supreme court no longer retains any precedential value. Blum v. 1st Auto & Casualty Insurance Co.
2010 WI 78,
326 Wis. 2d 729,
786 N.W.2d 78,
08-1324.
808.10
808.10
Review by the supreme court. 808.10(1)
(1)
Petition for review; time limit. A decision of the court of appeals is reviewable by the supreme court only upon a petition for review granted by the supreme court. Except as provided in
sub. (2) and
ss. 809.32 (5) and
809.62 (1m), the petition for review shall be filed in the supreme court within 30 days of the date of the decision of the court of appeals.
808.10(2)
(2) Tolling pending court of appeals reconsideration. If a motion for reconsideration is filed in the court of appeals under
s. 809.24 (1) within 20 days after the date of a decision of the court of appeals, the 30-day time period to file the petition for review starts on the date the court of appeals determines the motion for reconsideration by filing an order denying the motion for reconsideration or an amended decision.
808.10 Note
Judicial Council Note, 1979: This section is amended to more properly describe the function of the supreme court in reviewing decisions of the court of appeals. The supreme court decides whether to accept jurisdiction of a case from the court of appeals after a petition to review, not a petition to appeal, is filed with the supreme court. See s. 809.62. [Bill 396-S]
808.10 Annotation
“Decision" under this section is the final decision disposing of the case. In Interest of A. R.
85 Wis. 2d 444,
270 N.W.2d 581 (1978).
808.10 Annotation
If a petition is not received by the clerk of the supreme court within 30 days, the court loses subject matter jurisdiction. The objection is not subject to waiver and will be raised on the court's own motion. First Wisconsin National Bank of Madison v. Nicholaou,
87 Wis. 2d 360,
274 N.W.2d 704 (1979).
808.10 Annotation
Untimely service of a petition filed under this section does not affect jurisdiction, but the opposing party may move to dismiss under s. 809.83 (2). State v. Rhone,
94 Wis. 2d 682,
288 N.W.2d 862 (1980).
808.10 Annotation
Unless the supreme court court explicitly states otherwise, a court of appeals opinion overruled by the supreme court no longer retains any precedential value. Blum v. 1st Auto & Casualty Insurance Co.
2010 WI 78,
326 Wis. 2d 729,
786 N.W.2d 78,
08-1324.
808.10 Annotation
Petitions for review by the Wisconsin supreme court. 1979 WLR 1176.
808.11
808.11
Printing specifications. Briefs and appendices in cases before the supreme court shall be printed, typed, duplicated or reproduced clearly on paper of permanent quality, and in conformity with such rules as the court may prescribe with regard to organization, binding, color of print, and size of print, paper and margin.
808.11 History
History: 1975 c. 160;
1977 c. 187 s.
83; Stats. 1977 s. 808.11.
