District II
July 24, 2013
To:
Hon. Thomas J. Gritton
Circuit Court Judge
Winnebago County Courthouse
P.O. Box 2808
Oshkosh, WI 54903-2808
Melissa M. Konrad
Clerk of Circuit Court
Winnebago County Courthouse
P.O. Box 2808
Oshkosh, WI 54903
Shannon K. Cummings
Thomas C. Dill
Blommer Peterman, S.C.
165 Bishops Way
Brookfield, WI 53005-6235
Beneficial Financial 1, Inc.
26525 N. Riverwoods
Mettawa, IL 60045
Valley Endodontics LTD
1100 North Lynndale Dr.
Appleton, WI 54914
Kara Wiesner
824 Merritt Ave., #A
Oshkosh, WI 54901-5340
Michael Wiesner
16 Eveline St.
Oshkosh, WI 54901
You are hereby notified that the Court has entered the following opinion and order:
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Bank of America NA v. Kara Wiesner (L.C. #2011CV1371) |
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Before Brown, C.J., Neubauer, P.J., and Reilly, J.
Michael Wiesner appeals from a circuit court order confirming the sheriff’s sale of his home after entry of a judgment of foreclosure. On appeal, Wiesner challenges the judgment of foreclosure because the circuit court did not have personal jurisdiction over him. Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition. Wis. Stat. Rule 809.21 (2011-12).[1] The time for challenging the judgment of foreclosure has expired and even if the judgment of foreclosure were before us, we would conclude that personal jurisdiction was achieved by publication of the summons. We affirm.
In December 2011, the circuit court granted a judgment of foreclosure to Bank of America, N.A. Wiesner did not file a notice of appeal. The order confirming the sheriff’s sale was entered on September 6, 2012. Wiesner appeals from that order.
On appeal, Wiesner argues that the circuit court lacked personal jurisdiction over him because he was never served with the foreclosure summons. A judgment of foreclosure[2] is a final, appealable order. Shuput v. Lauer, 109 Wis. 2d 164, 172, 325 N.W.2d 321 (1982). Because Wiesner did not file a timely notice of appeal from the judgment of foreclosure, that judgment is not before us in this appeal. See id. at 173.[3]
Although Wiesner timely appealed from the order confirming the sheriff’s sale, see id. at 172, he does not challenge the confirmation order on appeal. Therefore, we affirm the order.
Upon the foregoing reasons,
IT IS ORDERED that the order of the circuit court is summarily affirmed pursuant to Wis. Stat. Rule 809.21.
Diane M. Fremgen
Clerk of Court of Appeals
[1] All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.
[2] The judgment of foreclosure determines the parties’ rights in the subject property. Shuput v. Lauer, 109 Wis. 2d 164, 172, 325 N.W.2d 321 (1982).
[3] Even if the judgment of foreclosure were properly before us, we would note that Wiesner was served via publication as authorized by Wis. Stat. § 801.13(2).