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In the Matter of the Petition of Hill, 95-1632-FT

Court of Appeals of Wisconsin
Nov 28, 1995
Case No. 95-1632-FT (Wis. Ct. App. Nov. 28, 1995)

Opinion

Case No. 95-1632-FT.

Opinion Released: November 28, 1995 Opinion Filed: November 28, 1995 This opinion will not be published. See RULE 809.23(1)(b)5, STATS.

APPEAL from an order of the circuit court for Sawyer County: NORMAN L. YACKEL, Judge. Appeal dismissed.

Before Cane, P.J., LaRocque and Myse, JJ.


Tannisse Joyce appeals an order that denied her motion to set aside an earlier trial court order. The first trial court order vacated a land plat under § 236.43, STATS., involving publicly dedicated land. Joyce did not appeal the first trial court order, and her motion to set aside that order raised nothing substantively different from what she had raised in the earlier trial court proceedings. Under these circumstances, Ver Hagen v. Gibbons , 55 Wis.2d 21, 197 N.W.2d 752 (1972), bars her appeal. Litigants who miss the deadline to appeal a trial court order cannot extend this deadline by first moving the trial court to set aside its earlier order and then appealing the trial court's new order denying their motion. Id . at 24-26, 197 N.W.2d at 754-55. Rather, litigants may appeal the second order only if they raised new issues in their motions to set aside the first order. Id . Moreover, such appeals reach only the new issues. We see nothing in this appeal that removes it from the Ver Hagen rule. As a result, we order the appeal's dismissal.

This is an expedited appeal under RULE 809.17, STATS.

By the Court. — Appeal dismissed.


Summaries of

In the Matter of the Petition of Hill, 95-1632-FT

Court of Appeals of Wisconsin
Nov 28, 1995
Case No. 95-1632-FT (Wis. Ct. App. Nov. 28, 1995)
Case details for

In the Matter of the Petition of Hill, 95-1632-FT

Case Details

Full title:IN THE MATTER OF THE PETITION OF ARNOLD J. HILL and KATHRYN C. HILL…

Court:Court of Appeals of Wisconsin

Date published: Nov 28, 1995

Citations

Case No. 95-1632-FT (Wis. Ct. App. Nov. 28, 1995)