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Wisconsin Court of Appeals Rules Cold Weather Not An Excuse for Missing Court
Vande Castle, S.C. • Apr 09, 2018
A court may enter a default judgment against a defendant that fails to appear “upon due proof of facts which show the plaintiff entitled thereto.” WIS. STAT. § 799.22(2). A court “may, by order, reopen default judgments upon notice and motion or petition duly made and good cause shown,” as long as the notice of motion is made within twelve months after entry of the judgment. WIS. STAT. § 799.29(1)(a) - (c).
However, the Wisconsin Court of Appeals found that cold weather was not a valid reason for failing to appear in person for the hearing. The agreed temperature on the date that the defendant failed to appear was -25 degrees.
Byrd v. Hoeft, Wisconsin Appeal No. 2017AP46
Please do not drink and drive. An OWI Citation can ruin your life!- It will cost you thousands of dollars in court costs, fines and legal fees.- It will increase your insurance rates if you can find insurance coverage.- You could lose your job.- You may be required to install, at your cost, an ignition interlock device ("IID") on your vehicle that essentially requires you to take a breathalyzer test everytime you attempt to start your vehicle.It's not worth it. Don't drink and drive. Use a designated driver or a ride share service instead.
It’s boating season again. And it is time for a safety reminder.Rule 5 of the International Regulations for Preventing Collisions at Seat (“COLREGS”) expressly requires that “(e)very vessel shall at all times maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.” This is the first rule of seamanship.Modern technology has made vessels nearly autonomous. Those technological advancements do not relieve the vessel owner / operator from the Rule 5 requirement that proper lookout be maintained at all times. Simply relying on these devices, even Automated Identification Systems (AIS), is not sufficient. Please keep our waterways safe and enjoyable for all.
A court may enter a default judgment against a defendant that fails to appear “upon due proof of facts which show the plaintiff entitled thereto.” WIS. STAT. § 799.22(2). A court “may, by order, reopen default judgments upon notice and motion or petition duly made and good cause shown,” as long as the notice of motion is made within twelve months after entry of the judgment. WIS. STAT. § 799.29(1)(a) - (c). However, the Wisconsin Court of Appeals found that cold weather was not a valid reason for failing to appear in person for the hearing. The agreed temperature on the date that the defendant failed to appear was -25 degrees.Byrd v. Hoeft, Wisconsin Appeal No. 2017AP46
Property owners in Wisconsin considering renting out all or part of their home or cabin, or even their boat or RV for short term, overnight stay purposes, face a number of significant concerns and obstacles. This activity is considered a commercial venture and is subject to a number of State and local regulations. The cost of complying with those regulations can be substantial. Furthermore, the permitting process can be daunting for anyone unfamiliar with such activities..
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On August 4, 2016 the Village of Wrightstown, through a cooperative effort with the City of Green Bay and the Village of Ashwaubenon began receiving its potable drinking water from and through the Green Bay Water Utility. This unique arrangement allows Wrightstown to receive water from the Green Bay Water Utility through the Village of Ashwaubenon through a 15 mile pipeline running from Green Bay through the Village of Ashwaubenon and the Town of Lawrence in southern Brown County.
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Attorney Wm. Vande Castle has served as a member of the City of Green Bay Ethics Committee since 1999. Attorney Vande Castle was recently re-elected as Chair of the Committee.
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Successfully obtaining a judgment against an individual or an organization that owes you money is only one step in the process of recovering what is legally owed to you. Obtaining a judgment does not automatically mean that you get paid. It only means that you now have a legal recourse to pursue collection of the amount determined to be owed under the judgment. Once a judgment has been awarded by it is then necessary to pursue collection.
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2015 Wisconsin Act 126 amended and modified Sec. 77.54 of the Wisconsin Statutes to create a new exemption from the State sales tax. New Section 77.54(9m), Stats., now exempts the price of materials sold to a construction contractor who is purchasing those materials for use in the construction of a structure owned by a municipality or other governmental body from the state sales tax. This new state statute also applies the state sales tax exemption to any non-profit corporation, community chest fund, foundation or association organized and operated exclusively for religious, charitable, scientific or educational purposes, or for the prevention of cruelty to children or animals.This legislative change will have a significant impact on contractors who work with governmental organizations or non-profit organizations. This legislation took effect on January 1, 2016. If you have any questions regarding the application or operation of this new legislation please contact Attorney William Vande Castle.
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