Wisconsin Statutes
Wis. Stat. § 799.445 (2026)
Appeal
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
799.445799.445 Appeal. An appeal in an eviction action shall be initiated within 15 days of the entry of judgment or order as specified in s. 808.04 (2). An order for judgment for restitution of the premises under s. 799.44 (1) or for denial of restitution is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for restitution or for denial of restitution. An order for judgment for additional causes of action is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for the additional causes of action. No appeal by a defendant of an order for judgment for restitution of the premises may stay proceedings on the judgment unless the appellant serves and files with the notice of appeal an undertaking to the plaintiff, in an amount and with surety approved by the judge who ordered the entry of judgment. The undertaking shall provide that the appellant will pay all costs and disbursements of the appeal which may be taxed against the appellant, obey the order of the appellate court upon the appeal and pay all rent and other damages accruing to the plaintiff during the pendency of the appeal. Upon service and filing of this undertaking, all further proceedings in enforcement of the judgment appealed from are stayed pending the determination of the appeal. Upon service by the appellant of a copy of the notice and appeal and approved undertaking upon the sheriff holding an issued but unexecuted writ of restitution or of execution, the sheriff shall promptly cease all further proceedings pending the determination of the appeal. If the tenant fails to pay rent when due, or otherwise defaults in the terms of the undertaking, the payment guaranteed by the undertaking with surety shall be payable immediately to the plaintiff and shall not be held in escrow by the court. Upon the failure of the tenant to pay rent when due, or upon other default by the tenant in the terms of the undertaking, the stay of proceedings shall be dismissed and the sheriff shall immediately execute the writ of restitution.
799.445 NoteJudicial Council Note, 1983: This section is renumbered from s. 808.07 (7), and amended to replace the appeal deadline of 10 days after mailing notice of entry of judgment by the time period specified in s. 808.04 (2), for greater uniformity. The appeal deadline established by that statute applies regardless of whether the action has been tried to a 12-person jury. [Bill 151-S]
799.445 AnnotationA tenant in an eviction may move for reconsideration of the judgment under s. 805.17 (3), but must take an appeal from the judgment within the time for appeal in this section. The time for filing an appeal under s. 805.17 (3) does not apply. Highland Manor Associates v. Bast, 2003 WI 152, 268 Wis. 2d 1, 672 N.W.2d 709, 02-2799.
Notes of Decisions
Cited in 11
cases (5 in the last 5 years), 1989–2026 · leading case: Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003).
Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003). “Assuming that the tenant may move for reconsideration, the second issue is whether a motion for reconsideration extends the tenant's time to appeal from a judgment of eviction prescribed by Wis. Stat. § 799.445 . ¶ 4. We conclude that a tenant in an eviction action governed by…”
Hunt Club Condos., Inc. v. Mac-Gray Servs., Inc., 2006 WI App 167 (Wis. Ct. App. 2006). “The court entered a judgment entitling the Association to a writ of restitution on July 1, 2005.”
McQUESTION v. Crawford, 2009 WI App 35 (Wis. Ct. App. 2009). “However, after receiving an "undertaking" pursuant to Wis. Stat. § 799.445 signed by Crawford, the trial court stayed the execution of the writ of restitution.”
Highland Manor Assocs. v. Bast, 2003 WI App 130 (Wis. Ct. App. 2003). “17(3) permits a reconsideration motion to be made within twenty days after entry of judgment, five days longer than the fifteen-day limit for eviction appeals required by Wis. Stat. § 799.445 . But the extra five days is only the beginning of additional delay.”
Purdy v. Carroll, 450 N.W.2d 807 (Wis. Ct. App. 1989). “Carroll contends that if she cannot appeal from the order issuing the writ of restitution, she will have no opportunity to obtain a stay under sec. 799.445, Stats., and her appeal will become moot.”
Tree Lane Apts., LLC v. Pamela Windom (Wis. Ct. App. 2020). “§§ 799.445 or 799.29(2), or both. 5 Nos. 2019AP803 2019AP810 been extensively and repeatedly discussed in case law and it is sufficient to observe that those rationales are well served by application to the forfeiture doctrine here.”
Carson D. Combs v. Lincoln Manor (Wis. Ct. App. 2021). “§ 799.445 (2019-20). This court previously denied Combs’ motion to stay execution of the writ of restitution based in part on this claim.”
Ashley Cordes v. Victor Trevon Gray, Jr. (Wis. Ct. App. 2023). “§ 799.445 and other matters. CONCLUSION ¶28 Sadly, in a case where the parties began as friends, the contractual relationship between tenants Gray and Heeringa and landlord Cordes has failed.”
Tyler J. Anderson v. Madison Cellular Tel. Co. (Wis. Ct. App. 2025). “The court issued a written decision and order in favor of the Andersons granting eviction against MCTC.”
Prairie Park Essential Hous., LLC v. Cecelia Redd (Wis. Ct. App. 2026). “§ 799.445, which sets forth requirements for obtaining a stay of an eviction pending appeal.”
IJS Storage, LLC v. Patrick Fagan (Wis. Ct. App. 2026). “§ 799.445 undertaking beyond what the statute allowed, but the stay and corresponding undertaking was ordered by the court after he filed his notice of appeal and, therefore, will not be addressed.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.