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Dan Schmidt v. City of Omro, Wisconsin, et al.

Paid petition · Court of Appeals of Wisconsin, District II, No. 2025AP128 · judgment April 9, 2025


0%
estimated cert probability
(petition-stage, structural)
GVR risk 0%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the 14th Amendment require a state trial court judge to inform a party of Wisconsin’s absolute right to appeal in a civil tort case at a hearing on a Motion to Dismiss and in its written order of dismissal?

  2. If so, is there in an equitable exception when the trial court merely states its dismissal was with prejudice and assumes that the party knows what that term meant?

Counsel of record

For petitioner
Dan Schmidt

For respondent
Stephen M. Warner
Arthur, Chapman, Kettering, Smetak & Pikala, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 01 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. May 27 2026
    Waiver of right of respondents Employers Mutual Casualty Company (D/B/A EMC Insurance Company): Adjuster Andrew Caruso to respond filed.
  3. Jan 02 2026
    Petition for a writ of certiorari filed. (Response due June 18, 2026)