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