Legal Opinion
Brownsell v. Klawitter
Wisconsin Supreme Court
Decided June 2, 1981No. 80-373PublishedCited by 22 opinions
1Opinion of the CourtDay, J.
This is a review of a decision of the court of appeals, published at 99 Wis.2d 407, 299 N.W.2d 292 (Ct. App. 1980), dismissing an appeal from a judgment of the circuit court for Milwaukee county: ROBERT J. MIECH, Circuit Judge.
There is a single question presented for review: Is a judgment dismissing a complaint a final appealable judgment if a counterclaim for abuse of process, which was severed for trial, has not been determined? We hold that such a judgment is not a final judgment appealable as of right under sec. 808.03(1), Stats. 1977, and affirm the court of appeals.
This case originated…
2Cases cited11 opinions
- Maniaci v. Marquette UniversityWisconsin Supreme Court · 1971
- Moore v. Michigan National BankMichigan Supreme Court · 1962
- Sarvold v. DodsonSupreme Court of Iowa · 1976
- Elmer v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1950
- Thompson v. BeechamWisconsin Supreme Court · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- David K. Guenther v. Mark Holmgreen and City of Black River FallsCourt of Appeals for the Seventh Circuit · 1984
- Heil Co. v. Hartford Accident & Indemnity Co.District Court, E.D. Wisconsin · 1996
- Radoff v. Red Owl Stores, Inc.Wisconsin Supreme Court · 1982
- Leske v. LeskeCourt of Appeals of Wisconsin · 1994
- Wisconsin Public Service Corp. v. AndrewsCourt of Appeals of Wisconsin · 2009
17 more not listed; retrieve them via the Exa API.