State ex rel. Dieringer v. Circuit Court for Wood County

Court of Appeals of Wisconsin

State ex rel. Dieringer v. Circuit Court for Wood County

410 N.W.2d 668, 140 Wis. 2d 259, 1987 Wisc. App. LEXIS 3729

CourtCourt of Appeals of Wisconsin

DecidedMay 21, 1987

DocketNo. 87-0528-W

StatusPublished

This text of 410 N.W.2d 668 (State ex rel. Dieringer v. Circuit Court for Wood County) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Dieringer v. Circuit Court for Wood County, 410 N.W.2d 668, 140 Wis. 2d 259, 1987 Wisc. App. LEXIS 3729 (Wis. Ct. App. 1987).

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Opinion

PER CURIAM.

The court granted petitioner’s petition for a supervisory writ. Sec. (Rule) 809.51, Stats. Petitioner seeks costs on appeal. Section (Rule) 809.25(l)(a), provides that, "[c]osts in a civil appeal are allowed as follows unless otherwise ordered by the court:_” An appeal, however, is "a review in an appellate court by appeal or writ of error authorized by law of a judgment or order of a circuit court.” Sec. (Rule) 809.01(1). A petition for a supervisory writ is not an appeal. Indeed, a writ will not be granted if an appeal is an adequate remedy. State ex rel. Oman v. Hunkins, 120 Wis. 2d 86, 91, 352 N.W.2d 220, 223 (Ct. App. 1984). No provision of the appellate rules allows the court of appeals to award costs in cases other than civil appeals. Therefore, costs are not available to petitioner, even though he is the prevailing party in this proceeding.

By the Court. — Costs denied.

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PER CURIAM.

The court granted petitioner’s petition for a supervisory writ. Sec. (Rule) 809.51, Stats. Petitioner seeks costs on appeal. Section (Rule) 809.25(l)(a), provides that, "[c]osts in a civil appeal are allowed as follows unless otherwise ordered by the court:_” An appeal, however, is "a review in an appellate court by appeal or writ of error authorized by law of a judgment or order of a circuit court.” Sec. (Rule) 809.01(1). A petition for a supervisory writ is not an appeal. Indeed, a writ will not be granted if an appeal is an adequate remedy. State ex rel. Oman v. Hunkins, 120 Wis. 2d 86, 91, 352 N.W.2d 220, 223 (Ct. App. 1984). No provision of the appellate rules allows the court of appeals to award costs in cases other than civil appeals. Therefore, costs are not available to petitioner, even though he is the prevailing party in this proceeding.

By the Court. — Costs denied.

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Bluebook (online)

410 N.W.2d 668, 140 Wis. 2d 259, 1987 Wisc. App. LEXIS 3729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dieringer-v-circuit-court-for-wood-county-wisctapp-1987.

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