Werner v. Hendree

Summary

The Wisconsin Supreme Court held that an order finding a state employee ineligible for indemnification was not final because it did not dispose of the entire matter in litigation. The court also held that the circuit court erroneously exercised its discretion by refusing to vacate and reenter orders after mistakenly filing them before trial, and remanded for those orders to be vacated and reentered.

Holdings

1. An order ruling that Hendree was ineligible for indemnification was not final and appealable because it did not dispose of the entire matter in litigation as to Werner or Hendree. The appeal period therefore did not begin until the circuit court entered judgment resolving Hendree's liability and Werner's damages.
2. A circuit court may grant relief under Wis. Stat. § 806.07(1)(h) even when the motion is based in part on mistake under § 806.07(1)(a) and is filed more than one year after entry of the order.
3. The circuit court erroneously exercised its discretion by refusing to vacate and reenter the order dismissing Honeck and the order ruling that Hendree was ineligible for indemnification.

Questions Presented

1. Whether the order ruling that Hendree was ineligible for indemnification was a final, appealable order under Wis. Stat. § 808.03(1) before the circuit court resolved Hendree's liability and Werner's damages.
2. Whether the circuit court had authority under Wis. Stat. § 806.07(1)(h) to vacate and reenter the order dismissing Honeck and the order ruling that Hendree was ineligible for indemnification when the motion was filed more than one year after entry.
3. Whether the circuit court erroneously exercised its discretion by refusing to vacate and reenter the orders despite its repeated oral and written assurances that the orders would be held until the case was resolved as to Hendree.

Disposition

reversed_and_remanded