– from Jonathan J. in Greendale, WI

Question Details:

I’m considering appealing a trial court’s decision to make me pay my wife a lump sum after our property division, but I know appeals are expensive and I’m just wondering what happens if the appeal is ruled moot?

Family Law Attorney Response:

Thank you for your question. The court decided something is moot when there is an issue that presents no controversy. Generally, if an issue is considered moot, the courts dismiss it and move on to the next issue or dismiss a case. In the case of Lumby v. Lumby 116 Wis.2d 347, 341 N.W.2d 725 (Ct. App. 1983), the court of appeals decided the husband’s appeal of a his business debts not being included in marital assets was moot and as a result the appeal was dismissed.

I would like to hear more about the details regarding your potential appeals case. Give me a call so we can discuss this and go over the potential steps to take.

Dan Exner, J.D.

Family Law Attorney

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