Sprangers v. Philippi
Cases that cite this one
7 later published cases cite this decision.
- Wambolt v. West Bend Mutual Insurance (Wis. 2007)
- In MATTER OF HELMRICK v. Helmrick (Wis. Ct. App. 1980)
- Hollingsworth v. American Finance Corp. (Wis. 1978)
- State v. Powell (Wis. 1975)
- Ver Hagen v. Gibbons (Wis. 1972)
- State v. Omernik (Wis. 1972)
- Husting v. Husting (Wis. 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The initial determination to be made in this case is whether there is an appealable judgment or order.
The notice of appeal states it is taken from a judgment. However, there is no judgment of record. The trial court’s memorandum decision is an order for judgment.
*405 An order directing the entry of judgment is not an ap-pealable order under sec. 274.33, Stats.; Mitler v. Associated Contractors (1958), 3 Wis. 2d 331, 332, 88 N. W. 2d 672; Lentz v. Northwestern National Casualty Co. (1963), 19 Wis. 2d 569, 120 N. W. 2d 722. The reason such an order is not appealable under sec. 274.33 is that it does not prevent a judgment from which an appeal can betaken.
In State ex rel. Hernandez v. McConahey (1969), 42 Wis. 2d 468, 471, 167 N. W. 2d 412, this court stated:
“. . . The duty rests upon counsel to obtain a sufficient order or judgment upon which to predicate an appeal. . . .”
We again urge appellants’ counsel to give more attention to the appealability issue on all appeals to this court.
By the Court. — Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.