Wis. Stat. » CHAPTER 808 — APPEALS AND WRITS OF ERROR
Wisconsin Statutes

Wis. Stat. § 808.09 (2026)

Reversal, affirmance or modification of judgment

✓ current as of July 2026
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808.09808.09 Reversal, affirmance or modification of judgment. Upon an appeal from a judgment or order an appellate court may reverse, affirm or modify the judgment or order as to any or all of the parties; may order a new trial; and, if the appeal is from a part of a judgment or order, may reverse, affirm or modify as to the part appealed from. In all cases an appellate court shall remit its judgment or decision to the court below and thereupon the court below shall proceed in accordance with the judgment or decision.
808.09 HistoryHistory: 1977 c. 187.
808.09 AnnotationThe court of appeals may not direct a circuit court to enter a judgment of conviction of a lesser included offense when a jury verdict of guilty on a greater offense is reversed for insufficiency of evidence and the jury was not instructed on the lesser included offense. State v. Myers, 158 Wis. 2d 356, 461 N.W.2d 777 (1990).
808.09 AnnotationThe court of appeals has authority to grant a summary judgment on appeal of a motion that was denied by the trial court. State v. Courtney E., 184 Wis. 2d 592, 516 N.W.2d 422 (1994).
808.09 AnnotationIn the absence of a remand order in the mandate line or some other clear directive from the appellate court ultimately deciding the appeal, a trial court whose judgment or final order has been affirmed by the appellate court on the merits has no authority to reopen the case for an amended complaint. Tietsworth v. Harley-Davidson, Inc., 2007 WI 97, 303 Wis. 2d 94, 735 N.W.2d 418, 04-2655.
808.09 AnnotationUnless the supreme court explicitly states otherwise, a court of appeals opinion overruled by the supreme court no longer retains any precedential value. Blum v. 1st Auto & Casualty Insurance Co., 2010 WI 78, 326 Wis. 2d 729, 786 N.W.2d 78, 08-1324.
Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1981–2025 · leading case: Tietsworth v. Harley-Davidson, Inc., 2007 WI 97 (Wis. 2007).
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Tietsworth v. Harley-Davidson, Inc., 2007 WI 97 (Wis. 2007). · cites it 52× “Wis. Stat. § 808.09 . "In all cases an appellate court shall remit its judgment or decision to the court below and thereupon the court below shall proceed in accordance with the judgment or decision.”
Waters Ex Rel. Skow v. Pertzborn, 2001 WI 62 (Wis. 2001). · cites it 6× “" Wis. Stat. § 808.09 . Over a century ago we explained that "[t]he power to affirm, reverse, or modify a judgment in part, and order a new trial, necessarily confers the power upon this court to order a new trial as to the part of the judgment reversed.”
Prahl v. Brosamle, 420 N.W.2d 372 (Wis. Ct. App. 1987). · cites it 8× “" After the supreme court denied the petition for review without comment, the record was remitted to the trial court pursuant to an order stating "the judgment .”
Weber v. Chicago & Nw. Transp. Co., 530 N.W.2d 25 (Wis. Ct. App. 1995). · cites it 4× “" Section 808.09, STATS. As noted, Weber never sought post-verdict, prejudgment interest on the $57,000 prior to the filing of his motion for reconsideration, and such interest was, *645 accordingly, never denied to Weber by the trial court in any order or judgment, whether…”
Heppner v. Heppner, 2009 WI App 90 (Wis. Ct. App. 2009). · cites it 6× “" We modify the judgment in part, see Wis. Stat. § 808.09 , reverse in part, and remand with directions.”
State v. Myers, 461 N.W.2d 777 (Wis. 1990). · cites it 3× “Upon an appeal from a judgment or order an appellate court may reverse, affirm or modify the judgment or order as to any or all of the parties; may order a new trial; and, if the appeal is from a part of a judgment or order, may reverse, affirm or modify as to the part appealed…”
McConley v. T. C. Visions, Inc., 2016 WI App 74 (Wis. Ct. App. 2016). · cites it 2× “It may also be appropriate to request a stay of appellate proceedings when an attorney fee claim is being actively litigated in the circuit court and the appeal has been filed from the final judgment or order disposing of the litigation.”
State v. Carl Lee McAdory, 2025 WI 30 (Wis. 2025). · cites it 3× “§ 808.09 provides: Upon an appeal from a judgment or order an appellate court may reverse, affirm or modify the judgment or order as to any or all of the parties; may order a new trial; and, if the appeal is from a part of a judgment or order, may reverse, affirm or modify as to…”
City of Janesville v. Cnty. of Rock, 319 N.W.2d 891 (Wis. Ct. App. 1982). · cites it 3× “They propose we promulgate a long and complex timetable preliminary to holding the Rock County supervisory elections at the 1982 fall elections. They request that we retain jurisdiction and order the trial court to adopt a redistricting plan.”
Sewerage Comm'n of the City of Milwaukee v. State Dep't of Nat. Resources, 311 N.W.2d 677 (Wis. Ct. App. 1981). · cites it 2× “Section 808.09, Stats., provides in relevant part: (1) Upon timely■ motion anyone shall be permitted to intervene in an action when the movant claims an inter *186 est relating to the property or transaction which is the subject of the action and the movant is so situated that…”
State v. Carl Lee McAdory, 2024 WI App 29 (Wis. Ct. App. 2024). · cites it 2× “§ 808.09, which governs the actions that an appellate court may take on appeal, and to WIS.”
State v. One 2000 Lincoln Navigator, 2007 WI App 127 (Wis. Ct. App. 2007). · cites it 2× “See Wis. Stat. § 808.09 ("Upon an appeal from a judgment or order an appellate court may.”
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