Wisconsin Statutes
Wis. Stat. § 808.01 (2026)
Definitions
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808.01(1)(1) “Appeal” means a review in an appellate court by appeal or writ of error authorized by law of a judgment or order of a circuit court.
808.01(2)(2) “Appellate court” means the supreme court under ch. 751 or the court of appeals under ch. 752.
808.01 AnnotationA party that accepts the benefits of a judgment does not waive the right to take an appeal that does not involve a reversal of that part of the judgment under which the benefit is received. Estreen v. Bluhm, 79 Wis. 2d 142, 255 N.W.2d 473 (1977).
808.01 AnnotationBecause an appeal to the court of appeals is defined under sub. (1) as a review of a judgment or order of a circuit court, the court of appeals does not have the power of appellate review over decisions of a circuit judge acting in a non-judicial capacity. Schoenhofen v. DOT, 231 Wis. 2d 508, 605 N.W.2d 249 (Ct. App. 1999), 99-0629.
Notes of Decisions
Cited in 8
cases, 1980–2018 · leading case: State Ex Rel. Unnamed Person No.1 v. State, 2003 WI 30 (Wis. 2003).
State Ex Rel. Unnamed Person No.1 v. State, 2003 WI 30 (Wis. 2003). “" See Wis. Stat. § 808.01 (defining "[a]ppeal"); Wis.”
Heaton v. Indep. Mortuary Corp., 294 N.W.2d 15 (Wis. 1980). “1975, governing appeal to the supreme court from a decision on jurisdiction, and sec. 808.01(1), Stats., stating that a decision on jurisdiction was appealable, had developed from 1956 until 1977 as coordinate sections.”
State v. Smith, 302 N.W.2d 54 (Wis. Ct. App. 1981). “Section 808.01(1), Stats., provides : “ ‘Appeal’ means a review in an appellate court *322 by appeal or writ of error authorized by law of a judgment or order of a circuit or county court.”
Town Bd. of Town of Taycheedah v. Webb, 348 N.W.2d 591 (Wis. Ct. App. 1984). “*366 Section 808.01(1), Stats., defines an appeal as a “review in an appellate court.”
State v. Peterson, 2008 WI App 140 (Wis. Ct. App. 2008). “See Wis. Stat. § 808.01 (1) ("appeal" means review in an appellate court).”
Schoenhofen v. Wisconsin Dep't of Transp., 605 N.W.2d 249 (Wis. Ct. App. 1999). “Because an appeal to the court of appeals is defined as a review of a "judgment or order of a circuit court," see § 808.01(1), Stats., this court does not have the power of appellate review over decisions of a circuit judge acting in a non-judicial capacity.”
v. Evans, 917 N.W.2d 218 (Wis. Ct. App. 2018). “§ 808.01(1) ) (emphasis added). Thus, under Schoenhofen , we lack the authority to review Evans's challenge to the chief judge's non-judicial adoption of the email volunteer system and use of that system.”
Est. of Stys Ex Rel. Kucza v. Auto Club Grp. Ins., 2010 WI App 17 (Wis. Ct. App. 2009). “See Wis. Stat. § 808.01 (1) (" 'Appeal' means a review in an appellate court by appeal or writ of error authorized by law of a judgment or order of a circuit court.”
— Wis. Stat. § 808.01(1) — 5 cases
Heaton v. Indep. Mortuary Corp., 294 N.W.2d 15 (Wis. 1980). “1975, governing appeal to the supreme court from a decision on jurisdiction, and sec. 808.01(1), Stats., stating that a decision on jurisdiction was appealable, had developed from 1956 until 1977 as coordinate sections.”
State v. Smith, 302 N.W.2d 54 (Wis. Ct. App. 1981). “Section 808.01(1), Stats., provides : “ ‘Appeal’ means a review in an appellate court *322 by appeal or writ of error authorized by law of a judgment or order of a circuit or county court.”
Town Bd. of Town of Taycheedah v. Webb, 348 N.W.2d 591 (Wis. Ct. App. 1984). “*366 Section 808.01(1), Stats., defines an appeal as a “review in an appellate court.”
Schoenhofen v. Wisconsin Dep't of Transp., 605 N.W.2d 249 (Wis. Ct. App. 1999). “Because an appeal to the court of appeals is defined as a review of a "judgment or order of a circuit court," see § 808.01(1), Stats., this court does not have the power of appellate review over decisions of a circuit judge acting in a non-judicial capacity.”
v. Evans, 917 N.W.2d 218 (Wis. Ct. App. 2018). “§ 808.01(1) ) (emphasis added). Thus, under Schoenhofen , we lack the authority to review Evans's challenge to the chief judge's non-judicial adoption of the email volunteer system and use of that system.”
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