Portage County DH&HS v. A. K.
Appeal Number 2022AP000030
CONFIDENTIAL
Court of Appeals District 4
CASE HISTORY
|
Status
|
Court
|
Filing Date
|
Anticipated Due Date
|
Activity
|
|
OCCD
|
CA
|
09-28-2022
|
Cites
|
|
|
980 N.W.2d 496
|
||||
|
OCCD
|
CA
|
09-28-2022
|
Cites
|
|
|
404 Wis. 2d 567
|
||||
|
OCCD
|
CA
|
09-28-2022
|
Opinion Ordered Unpublished
|
|
|
Comment: Opinion Ordered Unpublished - Order
|
||||
|
OCCD
|
SC
|
09-16-2022
|
Petition for Review
Petition for Review (Untimely) |
|
|
Filed By: Jill Vento
Submit Date: 9-16-2022 Decision: (M) Dismiss Decision Date: 9-20-2022 IT IS ORDERED that the petition for review is dismissed. Moreover, there is no proper paper filing before this court that could be construed as a petition for habeas corpus. See State ex rel. Schmelzer V. Murphy, 201 Wis. 2d 246, 548 N.W.2d 45 91996). Comment: Untimely 9-20-2022 Order |
||||
|
OCCD
|
CA
|
09-15-2022
|
Rejected Electronic Document
|
|
|
Comment: An appendix to the petition for review from the court of appeals' 8-11-2022 decision was electronically submitted to the clerks office on 8-30-2022. Pursuant to S. Ct. Order 19-02A and 20-07A, 2021 WI 62 (June 15, 2021, eff. July 1, 2021) and Appendix A thereto (Revised Interim Rule Beginning July 1, 2021) the supreme court continues to require the filing of paper documents and traditional methods of service for proceedings in the supreme court, including the filing of multiple bound copies of briefs, appendices, and petitions for review. No timely paper petition for review has been received in the office of the clerk of the supreme court, and therefore no petition for review was timely filed pursuant to 808.10 and 809.62(1m), Stats., and First Wisconsin National Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N.W.2d 704 (1979). The electronically submitted appendix to petition for review is hereby rejected.
|
||||
|
OCCD
|
CA
|
09-15-2022
|
Rejected Electronic Document
|
|
|
Comment: A petition for review from the court of appeals' 8-11-2022 decision was electronically submitted to the clerks office on 8-30-2022. Pursuant to S. Ct. Order 19-02A and 20-07A, 2021 WI 62 (June 15, 2021, eff. July 1, 2021) and Appendix A thereto (Revised Interim Rule Beginning July 1, 2021) the supreme court continues to require the filing of paper documents and traditional methods of service for proceedings in the supreme court, including the filing of multiple bound copies of briefs, appendices, and petitions for review. No timely paper petition for review has been received in the office of the clerk of the supreme court, and therefore no petition for review was timely filed pursuant to 808.10 and 809.62(1m), Stats., and First Wisconsin National Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N.W.2d 704 (1979). The electronically submitted petition for review is hereby rejected.
|
||||
|
OCCD
|
CA
|
09-15-2022
|
Remittitur
|
|
|
OCCD
|
CA
|
09-02-2022
|
Sua Sponte
|
|
|
Filed By: Unassigned District 4
Submit Date: 9-2-2022 Decision: (O) Other Decision Date: 9-7-2022 IT IS ORDERED that the court will take no action on the current filing. |
||||
|
OCCD
|
CA
|
08-31-2022
|
Letter/Correspondence
|
|
|
Comment: Letter to Court of Appeals from Attorney Jill Vento
|
||||
|
OCCD
|
CA
|
08-11-2022
|
||
|
Judge Panel: Nashold
Opinion: Opinion Decision: Affirmed Pages: 6 Order Text: Order affirmed Comment: Opinion/Decision |
||||
|
OCCD
|
CA
|
07-22-2022
|
Briefs Sent to District
|
|
|
OCCD
|
CA
|
07-22-2022
|
Reply Brief
|
|
|
Filed By: Jill Vento
|
||||
|
OCCD
|
CA
|
07-20-2022
|
Rejected Electronic Document
|
|
|
Comment: The Reply Brief is rejected because the brief execeeds the page limit from rule 809.19(8)(c)1, which outlines the length for a reply brief with monospaced font.
|
||||
|
OCCD
|
CA
|
07-19-2022
|
Record and Briefs Sent to District 4
|
|
|
OCCD
|
CA
|
07-13-2022
|
Rejected Electronic Document
|
|
|
Comment: 1. The brief is rejected because it is improperly titled, as a reply brief. Please submit a new brief with the proper title on the cover and Efiled as the appropriate document.
2. Attorney Wunderlin's name is mispelled.
3. The E-sigantues cannot be accepted as written, E-signatures must state "electronically signed by:" see rule 809.801(12)(a).
4. The Certificate of Form and Length is missing a rule, briefs also must conform to rule 809.19(8)(bm), see rule 809.19(8g)(a) for reference.
|
||||
|
OCCD
|
CA
|
07-13-2022
|
Brief of Respondent(s)
|
|
|
Filed By: Brianna Sweeney
|
||||
|
OCCD
|
CA
|
06-29-2022
|
Motion to Extend Time
|
|
|
Filed By: Brianna Sweeney
Submit Date: 6-29-2022 Decision: (G) Grant Decision Date: 6-30-2022 IT IS ORDERED that the time to file the respondents brief is extended to July 12, 2022. Motion Response Filed By: Jill Vento Submit Date: 6-29-2022 See BRS event due on 7-12-2022 |
||||
|
OCCD
|
CA
|
06-28-2022
|
Notice of Appearance
|
|
|
Comment: Brianna Sweeney for Respondent
|
||||
|
OCCD
|
CA
|
06-20-2022
|
Rejected Electronic Document
|
|
|
Comment: Brief of Appellant; This brief is rejected as it does not comply with confidentiality requirements; see Rule 809.81(8). The appellant must be addressed by initials only. The name of the appellant cannot be mentioned in the brief. Review page ii, footnotes page 3, page 30.
|
||||
|
OCCD
|
CA
|
06-20-2022
|
Brief & Appx of Appellant(s)
Brief of Appellant |
|
|
Filed By: Jill Vento
|
||||
|
OCCD
|
CA
|
06-17-2022
|
Rejected Electronic Document
|
|
|
Comment: This appendix is rejected as it does not comply with confidentiality requirements; see Rule 809.81(8). Review page 30 of the appendix (App. 128).
|
||||
|
OCCD
|
CA
|
06-17-2022
|
Rejected Electronic Document
|
|
|
Comment: This brief is rejected as it does not comply with confidentiality requirements; see Rule 809.81(8). The appellant must be addressed by initials only. The name of the appellant cannot be mentioned in the brief. Review footnotes 1, 9, and 24 and pages 7 and 10.
|
||||
|
OCCD
|
CA
|
06-16-2022
|
Rejected Electronic Document
|
|
|
Comment: (Rejection 2 of 2) - "part 6" - The appendix to the Appellants brief has been uploaded in multiple parts and cannot be accepted in this fashion. You must upload the appendix as a singular document. Please contact the CCAP helpline at 800-462-8843, if you need e-filing assistance.
|
||||
|
OCCD
|
CA
|
06-16-2022
|
Rejected Electronic Document
|
|
|
Comment: (Rejection 1 of 2) - "part 5" - The appendix to the Appellants brief has been uploaded in multiple parts and cannot be accepted in this fashion. You must upload the appendix as a singular document. Please contact the CCAP helpline at 800-462-8843, if you need e-filing assistance.
|
||||
|
OCCD
|
CA
|
06-15-2022
|
Rejected Electronic Document
|
|
|
Comment: (Rejection 4 of 4) The appendix to the Appellants brief has been uploaded in four parts and cannot be accepted in this fashion. You must upload the appendix as a singular document. Please contact the CCAP helpline at 800-462-8843, if you need e-filing assistance.
|
||||
|
OCCD
|
CA
|
06-15-2022
|
Rejected Electronic Document
|
|
|
Comment: (Rejection 3 of 4) The appendix to the Appellants brief has been uploaded in four parts and cannot be accepted in this fashion. You must upload the appendix as a singular document. Please contact the CCAP helpline at 800-462-8843, if you need e-filing assistance.
|
||||
|
OCCD
|
CA
|
06-15-2022
|
Rejected Electronic Document
|
|
|
Comment: (Rejection 2 of 4) The appendix to the Appellants brief has been uploaded in four parts and cannot be accepted in this fashion. You must upload the appendix as a singular document. Please contact the CCAP helpline at 800-462-8843, if you need e-filing assistance.
|
||||
|
OCCD
|
CA
|
06-15-2022
|
Rejected Electronic Document
|
|
|
Comment: (Rejection 1 of 4) The appendix to the Appellants brief has been uploaded in four parts and cannot be accepted in this fashion. You must upload the appendix as a singular document. Please contact the CCAP helpline at 800-462-8843, if you need e-filing assistance.
|
||||
|
OCCD
|
CA
|
06-13-2022
|
Supplement to Record
|
|
|
Comment: Properly signed notice of appeal
|
||||
|
OCCD
|
CA
|
06-13-2022
|
Response
|
|
|
Comment: Amended notice of appeal that is properly signed by both appellate counsel and the parent, to be filed in the circuit court
|
||||
|
OCCD
|
CA
|
06-13-2022
|
Response
|
|
|
Comment: Did Attorney Sheila J. Kessler opt in?
|
||||
|
OCCD
|
CA
|
05-27-2022
|
Court Order
|
|
|
IT IS ORDERED that by June 13, 2022, the appellant shall file with the clerk of circuit court an amended notice of appeal that is properly signed by both appellate counsel and the parent.
IT IS FURTHER ORDERED that if the amended notice of appeal is filed, the requirement of WIS. STAT. RULE 809.11(2) for transmittal of the notice and circuit court record of the case is waived; it is only necessary for the clerk of the circuit court to forward the amended notice of appeal to this court by supplemental record return within five days of its filing. |
||||
|
OCCD
|
CA
|
05-18-2022
|
Motion to Extend Time
|
|
|
Filed By: Jill Vento
Submit Date: 5-18-2022 Decision: (G) Grant Decision Date: 5-19-2022 IT IS ORDERED that the time to file the appellants brief is extended to June 15, 2022. IT IS FURTHER ORDERED that Attorney Sheila J. Kessler shall opt in to participate in the Court of Appeals electronic filing system for this case within five days of the date of this order. See WIS. STAT. RULE 809.801. Motion Response Filed By: Tiffany Wunderlin Submit Date: 5-19-2022 See BAP event due on 6-15-2022 |
||||
|
OCCD
|
CA
|
05-18-2022
|
Sealed Documents
|
|
|
OCCD
|
CA
|
05-18-2022
|
Record
|
|
|
Comment: ELECTRONICALLY FILED
|
||||
|
OCCD
|
CA
|
05-13-2022
|
Response
|
|
|
Comment: Did circuit court decide on postjudgement motion by 4/22? Transcript request within 3 days of decision; Court reporter to file transcript within 10 days of request; Circuit court to transmit record within 5 days of transcript filed
|
||||
|
OCCD
|
CA
|
05-02-2022
|
Sua Sponte
|
|
|
Filed By: Unassigned District 4
Submit Date: 5-2-2022 Decision: (N) No Action Decision Date: 5-2-2022 No action. |
||||
|
OCCD
|
CA
|
04-28-2022
|
Other Papers
|
|
|
Comment: Copy of Order Regarding Motion to Nullify Judgement, filed in circuit court
|
||||
|
OCCD
|
CA
|
04-21-2022
|
Motion to Extend Time
|
|
|
Filed By: Patricia Baker
Submit Date: 4-21-2022 Decision: (G) Grant Decision Date: 4-26-2022 IT IS ORDERED that the time to decide the postadjudication motion is extended to May 6, 2022. See RSP event due on 5-6-2022 Comment: re Postjudgement motion decision in circuit court |
||||
|
OCCD
|
CA
|
03-03-2022
|
Other Papers
|
|
|
Comment: Copy of Circuit Court Order on Adjournment Request
|
||||
|
OCCD
|
CA
|
03-03-2022
|
Rejected Electronic Document
|
|
|
OCCD
|
CA
|
03-03-2022
|
Rejected Electronic Document
|
|
|
OCCD
|
CA
|
03-03-2022
|
Motion for Miscellaneous Relief
|
|
|
Filed By: Jill Vento
Submit Date: 3-3-2022 Decision: (O) Other Decision Date: 3-4-2022 IT IS ORDERED that the circuit court shall hold any necessary proceedings and enter an order deciding the postjudgment motion no later than April 22, 2022. IT IS FURTHER ORDERED that a transcript of the postjudgment hearing, if necessary for the appeal, shall be requested within three days of the date that an order disposing of the postjudgment motion is entered. The transcript shall be prepared, filed, and served within ten days of the date it is requested, and the party requesting the transcript shall advise the court reporter of this deadline. IT IS FURTHER ORDERED that the record shall be transmitted back to this court within five days of entry of the order disposing of the postjudgment motion or the filing of the transcript of the motion hearing if requested. The record shall include the proceedings on remand. IT IS FURTHER ORDERED that the time for filing the appellants brief is extended to fourteen days after the return of the record to this court, and that the appellants brief shall present all grounds for relief. Motion Response Filed By: Jill Vento Submit Date: 3-3-2022 Motion Response Filed By: Tiffany Wunderlin Submit Date: 3-3-2022 |
||||
|
OCCD
|
CA
|
01-26-2022
|
Notice of Appearance
|
|
|
Comment: Tiffany Wunderlin for Portage County DHHS
|
||||
|
OCCD
|
CA
|
01-24-2022
|
Motion for Remand
|
|
|
Filed By: Jill Vento
Submit Date: 1-24-2022 Decision: (G) Grant Decision Date: 1-25-2022 IT IS ORDERED that this court retains jurisdiction and that the record is remanded to the circuit court so that the appellant may file, and the circuit court may hear and decide, a postjudgment motion pursuant to WIS. STAT. RULE 809.107(6)(am). IT IS FURTHER ORDERED that the postjudgment motion shall be filed no later than February 11, 2022. IT IS FURTHER ORDERED that the circuit court shall hold any necessary proceedings and enter an order deciding the postjudgment motion no later than March 15, 2022. IT IS FURTHER ORDERED that a transcript of the postjudgment hearing, if any and if necessary for the appeal, shall be requested within three days of the date that an order disposing of the postjudgment motion is entered. The transcript shall be prepared, filed, and served within ten days of the date it is requested, and the party requesting the transcript shall advise the court reporter of this deadline. IT IS FURTHER ORDERED that the record shall be transmitted back to this court within five days of entry of the order disposing of the postjudgment motion or the filing of the transcript of the motion hearing if requested. The record shall include the proceedings on remand. IT IS FURTHER ORDERED that the time for filing the appellants brief is extended to fourteen days after the return of the record to this court, and that the appellants brief shall present all grounds for relief. Motion Response Filed By: Jill Vento Submit Date: 1-24-2022 |
||||
|
OCCD
|
CA
|
01-20-2022
|
Statement on Transcript
|
|
|
Filed By: Jill Vento
Status: Prev. Filed |
||||
|
OCCD
|
CA
|
01-19-2022
|
Motion for Miscellaneous Relief
|
|
|
Filed By: Jill Vento
Submit Date: 1-19-2022 Decision: (O) Other Decision Date: 1-21-2022 IT IS ORDERED that the clerk of this court shall remove the NM designation from the case number and otherwise change this appeal to a regular appeal. IT IS FURTHER ORDERED that the motion for remand is denied. IT IS FURTHER ORDERED that the time to file a motion for remand is extended to seven days from the date of this order. Comment: Motion to Withdraw no-merit notice of appeal |
||||
|
OCCD
|
CA
|
01-19-2022
|
Delinquent
|
|
|
Comment: New due date of connected SRT: 1-26-2022
|
||||
|
OCCD
|
CA
|
01-18-2022
|
Rejected Electronic Document
|
|
|
Comment: Statement on Transcript; The Statement on Transcript is required to be filed in the circuit court only, per 809.11(4)(b). Please eFile in the circuit court if you have not done so already. The circuit court is required to transmit to the court of appeals once received.
|
||||
|
OCCD
|
CA
|
01-14-2022
|
Motion to Extend Time
|
|
|
Filed By: Chris Marfilius
Submit Date: 1-14-2022 Decision: (G) Grant Decision Date: 1-18-2022 IT IS ORDERED that the time to transmit the record is extended to February 4, 2022. See REC event due on 2-4-2022 |
||||
|
OCCD
|
CA
|
01-14-2022
|
Attorney address updated
|
|
|
Comment: Address changed for attorney: 16233 Jill C. Vento
|
||||
|
OCCD
|
CA
|
01-12-2022
|
Fee Waived
|
|
|
Comment: SPD Appointed
|
||||
|
OCCD
|
CA
|
01-12-2022
|
Response
|
|
|
Comment: Receive SPD appointment order? Yes.
|
||||
|
OCCD
|
CA
|
01-06-2022
|
Notice of Docketing of Appeal
|
|
|
OCCD
|
CA
|
01-06-2022
|
Termination of Parental Rights
|
|
|
OCCD
|
CA
|
01-05-2022
|
Notice of Appeal & Court Record
|
|
|
OCCD
|
CA
|
01-04-2022
|
Notice of Appeal filed in Cir. Ct.
|
|
|
OCCD
|
CA
|
08-10-2021
|
Order of Circuit Court
|
|