When does the court of appeals overturn a circuit court’s case?
Dan Exner, J.D. | October 2, 2014
– from Jim J. in Barton, WI
The circuit court ruling dismissed my case for child support. I am considering an appeal. When will the court of appeals overturn the circuit court?
Family Law Attorney Response:
Thank you for your question.
As discussed in Kuhlman v. Kuhlman, 146 Wis.2d 588, 432 N.W.2d 295 (Ct. App. 1988), the only time an appellate court will overturn the trial court’s decision is when it is obvious based on a preponderance of the evidence that the court abused its discretion. If the decision reflects a reasoning process based on the facts of record and a conclusion drawn from the application of proper legal documents, it will be affirmed.