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4. Default judgment

Waukesha County DH&HS v. K.R.G., 2016AP222, 4/20/16, District 2 (1-judge opinion; ineligible for publication); case activity The court of appeals here holds that a mom’s failure to follow court orders and failure to make court appearances were egregious enough to justify a default finding of grounds for terminating her parental rights even though she asserted… Read More

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Bid to reopen default TPR judgment fails

Adoptions of Wisconsin, Inc. v. J.S., 2015AP1403, District 3, 1/29/16 (one-judge decision; ineligible for publication); case activity The circuit court entered a default judgment terminating J.S.’s parental rights after he failed to appear at the hearing scheduled on the petition, and the court of appeals holds J.S. isn’t entitled to reopen that judgment. J.S. moved to… Read More

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State v. L.M.-N., 2014AP2405 & 2014AP2406, District 1/4, 10/8/15 (one-judge decision; ineligible for publication); case activity The circuit court properly entered a default judgment in L.M.-N.’s termination of parental rights proceeding based on her failure to appear at her scheduled deposition and, when she did finally appear, by refusing to testify. L.M.-N. missed three scheduled… Read More

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Challenges to default TPR judgment rejected

State v. T.N., 2014AP2407 & 2014AP2408, District 4, 9/10/15 (one-judge decision; ineligible for publication); case activity The circuit court properly entered a default judgment against T.N. in his TPR proceeding when, despite the court’s warnings and admonitions, T.N. failed to appear at a scheduled court appearance. At T.N.’s initial appearance the court told him to… Read More

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State v. T.P., 2015AP857, District 1, 8/18/15 (one-judge decision; ineligible for publication); case activity Recently enacted statutes allow a circuit court to presume that a parent in a TPR proceeding has waived the right to counsel if, after being ordered to appear in court, the parent fails to do so and the court finds that failure egregious… Read More

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State v. Samantha J., 2014AP988, 2014AP989, 2014AP1017, District 1, 9/17/14 (1-judge opinion, ineligible for publication); case activity This case is noteworthy in 2 respects.  First, the court of appeals upheld a default judgment as to grounds for terminating a mother’s parental rights–always a significant step, given the stakes.  And, second, the court of appeals complimented a… Read More

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State v. Rickey V., 2014AP334, District 1, 7/8/14 (1-judge; ineligible for publication); case activity Father’s failure to appear at two scheduled evidentiary hearings on whether there were grounds for termination of parental rights was sufficiently “egregious” to justify a default judgment against him under Dane County DHS v. Mable K., 2013 WI 28, ¶70, 346 Wis… Read More

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Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity ¶3        We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional… Read More

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