On Point: 1. Appeals

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court of appeals decision

Inadequate Appendix to Appellate Brief
¶5 n. 1:

 We note that neither Russell’s nor Buske’s appellate counsel properly cite to the record. Record cites are often missing. An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Meyer v. Fronimades, 2 Wis. 2d 89, 93-94, 86 N.W.2d 25 (1957). Even more troubling is that both appellate counsel failed to include in the appendix all “the findings or opinion[s] of the circuit court … including oral or written rulings or decisions showing the circuit court’s reasoning regarding those issues,” as required by Wis.

court of appeals decision

Appellate Standard of Review, Certiorari

¶9        When we review an application for a writ of certiorari, we review the agency’s decision, not the decision of the circuit court.  Kraus v. City of Waukesha Police & Fire Comm’n, 2003 WI 51, ¶10, 261 Wis. 2d 485, 662 N.W.2d 294.  The scope of certiorari review is limited to whether the Housing Authority:  (1) kept within its jurisdiction;

court of appeals decision

Civil Notice of Appeal and Finality of Order
All final judgments or final orders entered after September 1, 2007, must include a statement that it is a final judgment or final order for purposes of appeal, but it is not “an absolute rule” that “an appeal cannot be filed from a judgment or order that disposes of the entire matter in litigation but does not include the statement that it is final for purposes of appeal,” ¶3.