COA holds that circuit court properly refused to reopen default judgments related to OWI tickets
Village of Whitefish Bay v. Ross Bolingbroke, 2025AP2035-36, 10/27/26, District I (ineligible for publication); case activity
Although Bolingbroke claims he was unable to attend court due to a medical issue, COA upholds the circuit court’s discretionary decision under these facts.
We recognize that this is the second appeal we’ve posted on involving Mr. Bolingbroke. His earlier appeal, involving similar issues in another case, is here.
Bolingbroke was cited for first offense OWI and PAC. (¶2). After he was found guilty in municipal court, he requested a trial in the circuit court. (Id.). Bolingbroke requested an adjournment of the trial 2 weeks in advance. (¶3). He reiterated that request two days later, explaining that he had an appearance in another court on the same date. (Id.). No adjournment order followed. (Id.). When Bolingbroke did not appear, the circuit court defaulted him. (¶4). Bolingbroke eventually submitted paperwork asserting that he was unable to attend due to a medical situation and ultimately followed up with a formal motion to reopen. (¶6). The circuit court denied the motion. (¶8).
On appeal, COA determines that Bolingbroke’s request to reopen his case is governed by § 345.51. (¶14). This required Bolingbroke to establish “good cause.” (Id.). While the court relied on a different statute, § 806.07, COA holds that the standard is functionally identical. (¶15). The question is whether Bolingbroke has established “excusable neglect.” (Id.). Although Bolingbroke claims he faxed the court a document to excuse his nonappearance, that document does not appear in this record. (¶19). Moreover, applying a deferential standard of review, COA agrees that the the circuit court did not err, considering the medical evidence now in the record, when it determined that those records ” not show that Bolingbroke was unable to attend court in-person that day, or, at the very least, contact the court and request to appear telephonically or by Zoom, as he had for other hearings.” (¶20).