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
PEND
CA
Awaiting Assignment

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Opinion Ordered Unpublished
Comment: Opinion Ordered Unpublished - Order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