|
COURT OF APPEALS DECISION DATED AND RELEASED NOVEMBER 28, 1995 |
NOTICE |
|
A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and Rule 809.62(1), Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
No. 95-1632-FT
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT III
IN THE MATTER OF
THE PETITION OF
ARNOLD J. HILL and
KATHRYN C. HILL:
TANNISSE JOYCE,
Appellant,
v.
ARNOLD J. HILL
and KATHRYN C. HILL,
Respondents.
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.
PER
CURIAM. Tannisse Joyce appeals an order that denied her motion
to set aside an earlier trial court order.[1] 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.
By the Court.—Appeal
dismissed.
This opinion will not be
published. See Rule 809.23(1)(b)5, Stats.