CA Blank Order

Hon. James G. Pouros

Circuit Court Judge

Washington County Courthouse

P.O. Box 1986

West Bend, WI 53095

Theresa Russell

Clerk of Circuit Court

Washington County Courthouse

P.O. Box 1986

West Bend, WI 53095-1986

Mark J. Brunner

Brunner Law Office LLC

233 N. Main St.

West Bend, WI 53095

Chippewa Valley Corr. Treatment Facility

Business Office

2909 E. Park Ave.

Chippewa Falls, WI 54729

Civil Litigation Unit

Department of Justice

P.O. Box 7857

Madison, WI 53707-7857

Cory Hewitt, #191547

Chippewa Valley Corr. Treatment Facility

2909 E. Park Ave.

Chippewa Falls, WI 54729

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



	2014AP2640	Cory Hewitt v. Chris Floyde Phillips (L.C. #2013CV843)

Before Neubauer, P.J., Reilly and Gundrum, JJ.

Cory Hewitt appeals pro se from a circuit court order dismissing on summary judgment his action against Chris Floyde Phillips. Based on 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 (2013-14).[1] We affirm the order of the circuit court.

On November 6, 2013, Hewitt filed a summons and complaint for a personal injury he alleged was caused by Phillips on August 14, 2010. Phillips filed an answer and asserted various affirmative defenses. The first affirmative defense was that Hewitt’s action was barred by the statute of limitations.

Phillips eventually filed a motion for summary judgment based on the statute of limitations defense. Following briefing on the matter, the circuit court agreed with Phillips and dismissed the action on summary judgment. This appeal follows.

We review a grant of summary judgment de novo, using the same methodology as the circuit court. Estate of Sheppard ex rel. McMorrow v. Schleis, 2010 WI 32, ¶15, 324 Wis. 2d 41, 782 N.W.2d 85. Summary judgment is proper if there are no genuine issues of material fact and one party is entitled to judgment as a matter of law. See id.; see also Wis. Stat. § 802.08(2).

On appeal, Hewitt contends that the circuit court erred in dismissing his action on summary judgment. He notes that he is a pro se litigant and explains that he tried to commence his action earlier but was unsuccessful.[2]

We agree that it was proper to dismiss Hewitt’s action on summary judgment. The statute of limitations for personal injury claims is three years, see Wis. Stat. § 893.54, and Hewitt did not commence his action within the meaning of Wis. Stat. § 801.02(1)[3] during this time period. Although Hewitt may believe that he has good cause to excuse his belated filing, the circuit court has no authority to order an enlargement of time in which to commence an action. See Pulchinski v. Strnad, 88 Wis. 2d 423, 428-29, 276 N.W.2d 781 (1979).

Upon the foregoing reasons,

IT IS ORDERED that the order of the circuit court is summarily affirmed, pursuant to Wis. Stat. Rule 809.21.

[1] All references to the Wisconsin Statutes are to the 2013-14 version.

[2] Hewitt attempted to start the action by sending some documents to the Washington County Sheriff’s Office on or about August 2, 2013. He subsequently sent some documents to the clerk of circuit court but was not able to provide everything necessary to commence the action until November 6, 2013. Although Hewitt appears to accuse the clerk’s office of deception in its communications with him, there is no evidence in the record to support his allegation.

[3] Wisconsin Stat. § 801.02(1) provides in relevant part, “a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court….”