Ramsthal Advertising Agency v. Energy Miser, Inc., No. 78-702

CourtCourt of Appeals of Wisconsin
Writing for the CourtBABLITCH
Citation279 N.W.2d 491,90 Wis.2d 74
Decision Date18 April 1979
Docket NumberNo. 78-702
PartiesRAMSTHAL ADVERTISING AGENCY, Plaintiff-Respondent, v. ENERGY MISER, INC. and Pete Knaup, Defendants-Appellants.

Page 491

279 N.W.2d 491
90 Wis.2d 74
RAMSTHAL ADVERTISING AGENCY, Plaintiff-Respondent,
v.
ENERGY MISER, INC. and Pete Knaup, Defendants-Appellants.
No. 78-702.
Court of Appeals of Wisconsin.
Submitted on Motion for Summary Affirmance March 13, 1979.
Opinion Released April 18, 1979.
Opinion Filed April 18, 1979.

Gregory K. Scott and Beaver Dam Law Center, Beaver Dam, for defendants-appellants.

Bruce R. Rasmussen, Beaver Dam, for plaintiff-respondent.

Before GARTZKE, P. J., and BABLITCH and DYKMAN, JJ.

[90 Wis.2d 75] BABLITCH, Judge.

On October 18, 1978, the trial court entered a default judgment in favor of the plaintiff. Notice of entry of the default judgment was served October 20, 1978. Defendants' attorney filed a motion for relief from the default judgment October 27, 1978, alleging excusable neglect for not answering the complaint under sec. 806.07(1)(a), Stats. At a hearing on November 9, 1978, the trial court orally denied the motion. An order to that effect was signed by the trial court November 18, 1978, and

Page 492

stamped "filed" on November 20, 1978, by the clerk of the trial court. On November 10, 1978, a notice of appeal was filed in the lower court on behalf of the defendants from ". . . the Order rendered on November 9, 1978, . . . wherein the court denied defendant's motion for relief from default judgment."

On March 2, 1979, this court entered an order requiring the parties to submit memoranda to the court on the issue of whether the appeal was taken from an appealable order. The respondent filed a motion for summary affirmance and a supporting memorandum. The appellant filed no memorandum with this court but did file a new notice of appeal in the lower court on March 15, 1979, appealing from the November 20, 1978 "judgment."

We conclude that both appeals must be dismissed. The initial appeal was filed November 10, 1978, and was taken from ". . . the Order rendered on November 9, 1978." However, there was no written order in existence at that time. An order, to be appealable, must be in writing and filed. State ex rel. Hildebrand v. Kegu, 59 Wis.2d 215, 207 N.W.2d 658 (1973). Section 808.03(1), Stats., provides that for a final order to be appealable it must be "entered" in accordance with sec. 807.11(2), Stats. Section 807.11(2) provides that an order is entered when it is filed in the office of the clerk of court. An appeal cannot be taken from an order before it is entered. [90 Wis.2d 76] Moudry v. Patrick...

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42 practice notes
  • State v. Pico, No. 2015AP1799-CR
    • United States
    • United States State Supreme Court of Wisconsin
    • 15 Junio 2018
    ...refers to the result (or disposition or mandate) reached by the court of appeals."); Ramsthal Advert. Agency v. Energy Miser, Inc., 90 Wis. 2d 74, 75, 279 N.W.2d 491 (Ct. App. 1979) ("An order, to be appealable, must be in writing and filed."). A cross-appeal is necessary only when the resp......
  • Oliveto v. Circuit Court for Crawford County, No. 93-1074
    • United States
    • Court of Appeals of Wisconsin
    • 30 Junio 1994
    ...Wis.2d 351] a bailiff. 3 We concluded that the contempt should have been handled under the nonsummary contempt procedures. 4 Id. at 73, 279 N.W.2d at 491. Page The facts in Van Laarhoven are not greatly dissimilar from the facts in this case. In each case, the court proceeding was over. In ......
  • State v. Beno, No. 79-1924
    • United States
    • Court of Appeals of Wisconsin
    • 19 Septiembre 1980
    ...regarding appellant's claimed rights under sec. 19.21 is therefore not before this court. Ramsthal Adv. Agency v. Energy Miser, Inc., 90 Wis.2d 74, 75-76, 279 N.W.2d 491, 492...
  • Milwaukee City Hous. Auth. v. Cobb, No. 2013AP2207.
    • United States
    • Court of Appeals of Wisconsin
    • 28 Mayo 2014
    ...First, the circuit court did not enter a written order denying Cobb's motion. See Ramsthal Advertising Agency v. Energy Miser, Inc., 90 Wis.2d 74, 75–76, 279 N.W.2d 491, 492 (Ct.App.1979) (An oral ruling must be reduced to writing for there to be appellate jurisdiction.). Second, Cobb's not......
  • Request a trial to view additional results
42 cases
  • State v. Pico, No. 2015AP1799-CR
    • United States
    • United States State Supreme Court of Wisconsin
    • 15 Junio 2018
    ...refers to the result (or disposition or mandate) reached by the court of appeals."); Ramsthal Advert. Agency v. Energy Miser, Inc., 90 Wis. 2d 74, 75, 279 N.W.2d 491 (Ct. App. 1979) ("An order, to be appealable, must be in writing and filed."). A cross-appeal is necessary only when the resp......
  • Oliveto v. Circuit Court for Crawford County, No. 93-1074
    • United States
    • Court of Appeals of Wisconsin
    • 30 Junio 1994
    ...Wis.2d 351] a bailiff. 3 We concluded that the contempt should have been handled under the nonsummary contempt procedures. 4 Id. at 73, 279 N.W.2d at 491. Page The facts in Van Laarhoven are not greatly dissimilar from the facts in this case. In each case, the court proceeding was over. In ......
  • State v. Beno, No. 79-1924
    • United States
    • Court of Appeals of Wisconsin
    • 19 Septiembre 1980
    ...regarding appellant's claimed rights under sec. 19.21 is therefore not before this court. Ramsthal Adv. Agency v. Energy Miser, Inc., 90 Wis.2d 74, 75-76, 279 N.W.2d 491, 492...
  • Milwaukee City Hous. Auth. v. Cobb, No. 2013AP2207.
    • United States
    • Court of Appeals of Wisconsin
    • 28 Mayo 2014
    ...First, the circuit court did not enter a written order denying Cobb's motion. See Ramsthal Advertising Agency v. Energy Miser, Inc., 90 Wis.2d 74, 75–76, 279 N.W.2d 491, 492 (Ct.App.1979) (An oral ruling must be reduced to writing for there to be appellate jurisdiction.). Second, Cobb's not......
  • Request a trial to view additional results

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