4. Default judgment

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

State v. Yvette A., 2012AP548, District 1, 8/14/12 court of appeals decision (1-judge, not for publication); case activity Parent’s failure to appear at grounds phase of TPR trial, because she was locked in a mental health unit, supported default judgment, where parent had documented history of checking herself into hospitals despite actual need for psychiatric… Read more

State v. Laura M., 2011AP2828, District 1, 3/27/12 court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report… Read more

Dane Co. DHS v. Sophia S., 2011AP2639, District 4, 2/23/12 court of appeals decision (1-judge, not for publication); for Sophia S.: Faun M. Moses; case activity Although the parent isn’t required to object to the sufficiency of evidence adduced in support of a default judgment on grounds for termination (the court rejecting the County’s argument on this point)… Read more

State v. Marquita R., 2010AP1981, District 1, 12/14/10 court of appeals decision (1-judge, not for publication); for Marquita R.: Carl W. Chesshir TPR – Default as Sanction Delay of over two-and-one-half years between petition and fact-finding hearing (despite statutorily mandated schedule of 45-day limit, § 48.422(2)), caused by Marquita R.’s “egregious” and “bath faith” conduct… Read more

State v. LaDonna E., 2010AP1733, District 1, 12/7/10 court of appeals decision (1-judge, not for publication); for LaDonna E.: Jane S. Earle Termination of parental rights upheld. Mother (LaDonna E.), after defaulting on grounds phase, challenged termination on basis that child’s aunt, who had custody and wanted to adopt child, should be appointed guardian instead. ¶9        The circuit… Read more

State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55  Issue: “(W)hether a circuit court may deny a parent in a termination of parental rights proceeding the statutory right to counsel when the parent has appeared in the proceeding but failed to personally attend a hearing in contravention of a court order and… Read more