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Forfeiture of Issue, Generally

Kevin S. Dalka v. American Family Mutual Ins. Co., 2010AP1428, District 2, 5/24/11

court of appeals decision (recommended for publication); case activity

¶5        Dalka forfeited his right to appellate review of the order compelling him to accept the settlement offer.  …  It is a fundamental principle of appellate review that issues must be preserved in the circuit court.  State v. Huebner, 2000 WI 59, ¶10, 235 Wis. 2d 486, 611 N.W.2d 727.  Issues that are not so preserved, even alleged constitutional errors, generally will not be considered on appeal.  Id.

¶6        Nonetheless, we elect to consider Dalka’s appeal.  The forfeiture rule is merely one of administration; it does not affect our power to address issues.  Northern States Power Co. v. Town ofHunter Bd. of Supv., 57 Wis. 2d 118, 133, 203 N.W.2d 878 (1973).  Because the appeal involves a question of law rather than of fact, and has been briefed by both sides, we hold that it is one of sufficient public interest to merit decision.  See Binder v. City of Madison, 72 Wis. 2d 613, 618, 241 N.W.2d 613 (1976).

 

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