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Dismissal of truancy petition on one ground won’t be vacated to dismiss it on a different ground

Waukesha County v. E.B.V., 2021Ap1910, District 2, 4/20/22 (one-judge decision; ineligible for publication); case activity

The circuit court granted the County’s motion to dismiss the truancy petition filed against E.B.V. because E.B.V. was no longer truant and, after initially contesting the facts of the petition, he entered into a consent decree. J.C.V., one of E.B.V.’s parents,  had also filed motions to dismiss the petition, alleging it was untimely, wasn’t legally sufficient, and wasn’t proven. The court denied J.C.V.’s various motions challenging the dismissal on the County’s motion, including one to vacate the dismissal and objecting to the consent decree. J.C.V. appealed, arguing the court should have dismissed the petition based on her arguments instead of the County’s. (¶¶2-10).

Assuming without deciding that J.C.V. has standing to appeal, the court of appeals rejects her arguments. Dismissal is a discretionary decision, and J.C.V. fails to show  a legal or factual basis to conclude the circuit court erroneously exercised its discretion. (¶¶11-15).

 

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