COURT OF APPEALS OF WISCONSIN
PUBLISHED OPINION
Case No.:����������������������� 96-2351 |
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Complete Title �of Case: |
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State
of Wisconsin, ����������������������������
Plaintiff-Respondent, ������������� v. John
R. Brunette, ����������������������������
Defendant-Appellant. |
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Opinion Filed:����������������� June 12, 1997 Submitted on
Motion: May 9, 1997 |
JUDGES:����������������������� Dykman, P.J., Vergeront and Deininger, JJ. ����������� Concurred:��������� ����������� Dissented:����������� |
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Appellant ATTORNEYS:�������������� On
behalf of the defendant-appellant, the cause was submitted on the motion of Jack
C. Hoag of Sedor & Hoag of Janesville.� Respondent ATTORNEYS:�������������� On
behalf of the plaintiff-respondent, the cause was submitted on the motion of Mary
E. Burke, assistant attorney general with James E. Doyle, attorney
general.� |
COURT OF APPEALS DECISION DATED AND RELEASED |
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June 12, 1997 |
NOTICE |
A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals.� See � 808.10 and rule 809.62, Stats. |
This
opinion is subject to further editing. If published, the official version
will appear in the bound volume of the Official Reports. |
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STATE OF WISCONSIN |
IN COURT OF APPEALS |
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State
of Wisconsin, ����������������������������
Plaintiff-Respondent, ������������� v. John
R. Brunette, ����������������������������
Defendant-Appellant. |
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APPEAL from an order of the circuit court for Rock County:� james e. welker, Judge.� Appeal dismissed.�
Before Dykman, P.J., Vergeront and Deininger, JJ.��
����������������������� PER CURIAM. John R. Brunette appeals from a commitment order.� The issue is whether a person who is committed under ch. 980, Stats., has 120 days to file a notice of appeal under � 808.04(5), Stats.� We conclude that the plain language of � 808.04(5) limits its application to those persons who are �imprisoned ... on a criminal sentence,� and does not apply to those who are committed under ch. 980.� Therefore, we dismiss this appeal because it was untimely filed.
����������������������� On April 17, 1996, the circuit court committed Brunette to the custody of the Department of Health and Social Services because it determined that he was a sexually violent person, as defined in � 980.01(7), Stats.� On August 13, 1996, while committed under ch. 980, Brunette filed a notice of appeal from the April 17, 1996 commitment order.�
����������������������� The time for filing a notice of appeal from a final judgment or order is governed by � 808.04, Stats.� Most civil appeals are governed by � 808.04(1), which affords an aggrieved party forty-five or ninety days from the date of entry of the final judgment or order to file a notice of appeal.� Chapter 980, Stats., does not establish a unique deadline for appealing from a commitment order.� We sua sponte directed the parties to address whether Brunette�s appeal was timely filed.[1]
����������������������� Section 808.04(5), Stats., provides that, �[a] person imprisoned or in the intensive sanctions program on a criminal sentence against whom a civil final judgment or order is rendered has 120 days in which to appeal the civil judgment or order.�� We construe a statute by first examining its plain language. State v. Vennemann, 180 Wis.2d 81, 93, 508 N.W.2d 404, 409 (1993).� If the statutory language is clear and unambiguous, we are prohibited from looking beyond the statutory language to ascertain its meaning.� In re Paternity of LaChelle A.C., 180 Wis.2d 708, 713, 510 N.W.2d 718, 720 (Ct. App. 1993).�
����������������������� Appellant contends that because he was imprisoned, the longer deadline of � 808.04(5), Stats., applies.� However, proceedings under ch. 980, Stats., are civil, not criminal.� See State v. Carpenter, 197 Wis.2d 252, 258, 271-72, 541 N.W.2d 105, 107, 112-13 (1995), petition for cert. filed, No. 95-8131 (U.S. Dec. 8, 1995).� Consequently, Brunette�s commitment under ch. 980 is a civil commitment, not a criminal imprisonment.� See id.� The plain language of � 808.04(5), does not include a person who is civilly committed under ch. 980, because that person is not �imprisoned or in the intensive sanctions program on a criminal sentence.�� See � 808.04(5).� Brunette claims that the policy underlying the extended appeal time in � 808.04(5), is to afford those persons who are in custody additional time to pursue an appeal because it is more difficult and time-consuming for them to communicate with counsel.� He contends that this policy similarly applies to a person who has been involuntarily committed under ch. 980. Because the plain language of the statute is clear and unambiguous, we are precluded from analyzing policy considerations.� See La Crosse Lutheran Hosp. v. La Crosse County, 133 Wis.2d 335, 338, 395 N.W.2d 612, 613 (Ct. App. 1986).� Consequently, an appeal from an order under ch. 980 is governed by the forty-five/ninety day rule of � 808.04(1).
����������������������� Because Brunette�s notice of appeal was filed 118 days after entry of the civil commitment order, we conclude that it was not timely filed.� See � 808.04(1), Stats.� Failure to timely file a notice of appeal from a final judgment or order in a civil case deprives this court of jurisdiction.� See Rule 809.10(1)(b), Stats.; La Crosse Trust Co. v. Bluske, 99 Wis.2d 427, 428, 299 N.W.2d 302, 303 (Ct. App. 1980).[2]� Consequently, we are compelled to dismiss this appeal.
����������������������� By the Court.�Appeal dismissed.
[1] Courts are obliged �to inquire into their jurisdiction over an action, even if neither party raises the question.�� State ex rel. Teaching Assistants Ass�n v. University of Wisconsin-Madison, 96 Wis.2d 492, 495, 292 N.W.2d 657, 659 (Ct. App. 1980) (footnote omitted); see Wis. Ct. App. IOP IV-A (June 13, 1994).
[2] We are not empowered to extend the time limit for filing a notice of appeal from a final judgment or order in a civil matter.� See Rule 809.82(2)(b), Stats.