District IV

 


November 21, 2014 


To:


Hon. John W. Markson

Circuit Court Judge

Dane County Courthouse

215 South Hamilton, Br. 1, Rm. 6109

Madison, WI  53703

 

Carlo Esqueda

Clerk of Circuit Court

215 South Hamilton, Room 1000

Madison, WI  53703

 

Thomas C. Bellavia

Assistant Attorney General

P. O. Box 7857

Madison, WI  53707-7857


Karen M. Gallagher

Coyne, Schultz, Becker & Bauer, S.C.

150 E. Gilman Street # 1000

Madison, WI  53703-1495

 

Marcia A. MacKenzie

Dane County Corporation Counsel

210 Martin Luther King, Jr. Blvd., #419

Madison, WI  53703-3345

 

Kevin Corcoran

721 Chase Blvd. #2

Sun Prairie, WI  53590


 

You are hereby notified that the Court has entered the following opinion and order: 

 

 

 

 

 

 

 

2013AP524

Kevin Corcoran v. Care WI Partnership (L.C. # 2012CV2388)

 

 

 


Before Blanchard, P.J., Lundsten and Sherman, JJ.

Kevin Corcoran appeals an order affirming a decision of the Division of Hearings and Appeals.  Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition.  See Wis. Stat. Rule 809.21 (2011-12).[1]  We affirm.

The respondent Department of Health and Family Services argues that Corcoran did not first raise at the administrative hearing the issues he is arguing on appeal.  The Department relies on familiar case law requiring litigants to do that.  In reply, Corcoran does not appear to dispute that the issues he is currently arguing were not raised at the administrative hearing.  While the circuit court exercised its discretion to address one of those unpreserved issues, we decline to do that.  Therefore, we affirm on the basis that the issues currently argued have not been preserved.

IT IS ORDERED that the order appealed is summarily affirmed under Wis. Stat. Rule 809.21.


 

Diane M. Fremgen

Clerk of Court of Appeals

 



[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.