Cheyne Monroe v. Chad Chase, 2021 WI 66, 6/22/21, on certification from the court of appeals and reversing a circuit court judgment; case activity (including briefs) One of the elements of a claim for malicious prosecution is that the baseless prior action must have terminated in favor of the party asserting malicious prosecution. The supreme court… Read more
1. Abandonment
Racine County DHS v. W.L.J., 2020AP197-198, October 14, 2020, District 2 (1-judge opinion, ineligible for publication); case activity Good news for defense lawyers in TPR cases. The court of appeals means business. This is the third time in less than a year that it has reversed a termination of parental rights order due to a… Read more
Brown County Human Services v. T.F., 2020AP793, 9/22/20, District 3 (1-judge opinion, illegible for publication); case activity To establish grounds for terminating T.F.’s parental rights, the Department sought to prove that she had abandoned her daughter, Allie, for period of 6 months or longer. It filed a successful motion in limine seeking to exclude evidence… Read more
Juneau County DHS v. C.C., 2020AP438, 6/4/20, District 4, (1-judge opinion, ineligible for publication); case activity Courts don’t usually award summary judgment in TPR cases, especially not at the grounds phase where the question is whether the parent abandoned the child. The issue is generally too fact intensive. But here the circuit court found no… Read more
Racine County Human Services Department v. S.J.A., 2019AP2160 & 2161, 2/5/20, District 2 (one-judge decision; ineligible for publication); case activity It would be interesting to see the briefs in this case, but since it’s a TPR, they’re not online. What we can see is the opinion, which shows commendable (and unfortunately uncommon) attention to detail… Read more
Adoptions of Wisconsin, Inc. v. N.R.K., 2019AP1726, 12/27/19, District 3 (one-judge decision; ineligible for publication); case activity Here the court of appeals upholds the termination of a biological father’s parental rights, concluding that he failed to assume parental responsibility. The infant’s birth mother (“Kristin”) had agreed to voluntary termination of her own rights but had… Read more
Brown County Human Services v. B.P and T.F., 2019 WI App 18; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than (a)3… Read more
Juneau County DHS v. L.O.O., 2018AP654, District 4, 11/8/2018 (one-judge decision; ineligible for publication); case activity (including briefs) The County filed a TPR petition alleging as grounds that L.O.O. abandoned his child under § 48.415(1)(a)2. The County alleged 6 three-month periods of abandonment. (¶4). Because there was no issue of material fact as to one… Read more
