Motions After Verdict Mailed on Date Due Deemed Late
The plaintiff company and some of its owners sued the defendant co-owner, who counterclaimed against the plaintiffs, and the case proceeded to trial. A jury awarded the defendant $736,000 in compensatory damages and $5,000,000 in punitive damages against one of the plaintiffs. The plaintiff against whom the damages were awarded then filed a motion after verdict, seeking reduction of the punitive damage award, but the motion filing was one day late. The circuit court nevertheless considered the motion and reduced the punitive damages award. The defendant appealed to the court of appeals, which reversed the circuit court, and the plaintiff petitioned for review with the Wisconsin Supreme Court.
The Wisconsin supreme court affirmed, holding that a motion after verdict that is filed beyond the 20-day deadline set forth in Wis. Stat. §805.16 may not be considered by the circuit court. The defendant had served the motion by putting it in the US Mail on the 20th day after the verdict, but it was not received and filed by the circuit court until the next day. Note that this case also involves other issues on appeal that are not summarized here, namely waiver of an issue on appeal due to the benefit-estoppel doctrine, and limitation of the presentation of evidence on damages in a breach of fiduciary duty claim due to the benefit-estoppel doctrine.
Link Snacks, Inc. v. Link, 2011 WI 75 (2008AP2897) Supreme Court opinion
