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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8683
Experience:  30 years of corporate, litigation and international law
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I received a Notice of Motion and Motion for Summary Disposition

Resolved Question:

I received a Notice of Motion and Motion for Summary Disposition in the matter of my appeal to the Wisconsin Court of Appeals (Appeal No. 2013AP94. My Appellant's Brief is due on April 8. The Motion for Summary Disposition was filed with the Appellate Court on March 22. What is my obligation to respond to the Motion for Summary Disposition?
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

bizlaw :

Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. Under the Wisconsin Rules of Appellate Procedure Rule 809.14 if the motion affects the appeal as this one sounds like it does, the time to file your brief would be tolled from the date of the filing of the motion. You have 11 days to respond to the motion. So you must respond to dispute the basis of the motion. If I have answered your question please rate my answer excellent as that is how I am compensated. If you have more questions let me know. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

Customer:

Hi Bizlaw. I responded to the Motion for Summary Disposition in a timely manner. I argued that a 3-day notice of hearing (which is all that I was given) was NOT LEGAL in view of Wis. Stat. 801.15(4) since there can be nothing ex parte in this civil business lawsuit having to do with "derivative action". The Appellate Court disagreed with me saying, "Wis. Stat. 801.15(4) explicitly provides that a party may file an ex parte motion seeking to reduce the statutory notice period, and that the court may grant such a motion upon good cause." That is pure BS. There was no motion seeking to reduce the statutory notice period -- that was done with an ex parte phone conversation between the plaintiffs' attorney and the Judge (also illegal). The motion itself was a Motion to Set Aside Satisfactions of Judgment. That motion was filed by the plaintiffs' attorney because the corporation had indemnified me according to the Indemnification Clause in the Bylaws, and the corporation had subsequently filed the satisfactions. Obviously, the plaintiffs' attorney opposes indemnification because he expected to get paid by HYRAD Corporation, and the money was going to come from me (over $1 million) if I paid the money judgment to the corporation. There is no logical reason why I should not be indemnified because the three allegations against me, which the Judge had agreed with and ordered the money judgment, are actually nothing more that normal business activity with no hint of criminal activity. My understanding is that if I cannot get the indemnification from the corporation to "stick" at the Clerk of Court level, then I could file a lawsuit for mandatory indemnification according to Wis. Stat.(NNN) NNN-NNNN What do you think I should do next? I don't think that filing a Petition with the Supreme Court for review of the Appellate Court's decision would be productive. The justice system in Wisconsin seems to be seriously broken right now. I have been going through this "hell" for 6 years already. The plaintiffs have run me out of money, and they do not permit me to make money from the corporation (even though I am 70% owner). Is there some kind of ombudsman that I could explain the situation to who has authority to make things right when the government system gets it wrong? BTW, I can email copies of rulings to you if you would like to see them. Just give me an email address. Thanks.

Customer:

BTW, I only saw your response to my original question for the first time today. I will go back into my email archives to see if I missed your answer when you first sent it.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8683
Experience: 30 years of corporate, litigation and international law
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