Aspenleiter v. William Beaudoin & Sons, Inc.

The issue presented on this appeal is whether or not a nonparty defendant can invoke a prior jury determination of damages sustained as res judicata as to that issue in a subsequent action. However, a preliminary question arises as to whether the order of the circuit court was appealable.

While the issue of appealability was not raised by the parties herein, such must be raised by this court on its own motion and, if said order is determined to be non-appealable, the appeal must be dismissed. United States v. Burczyk (1972), 54 Wis. 2d 67, 194 N. W. 2d 608. When an order appealed from is…