Thursday, October 11, 2007

Review granted in 'Hefty v. Strickhouser'

(2006AP1094 and 2006AP1956)
In this case, which stems from a dispute between a farmer and an animal nutrition consultant, the court is asked to review a judge’s authority to issue a scheduling order that deviates from standard deadlines in Wis. Stat. § 802.08(2).

Jeannie Hefty, doing business as Heft-Kat Farm, hired Daniel R. Strickhouser as a dairy cow nutritionist. For a time, milk production at the farm increased, but Hefty sued Strickhouser and ADM Alliance Nutrition, Inc. after milk production dropped and cattle began exhibiting signs of illness.

The defendants moved for summary judgment, and the circuit court issued a scheduling order with a 20-day deadline for Hefty to respond. Hefty responded five days late, and the court granted summary judgment. Hefty appealed, and the court of appeals reversed, relying heavily on a prior Court of Appeals' decision.

The Court of Appeals [in a summary reversal, May 23, 2007] said it was unconvinced the circuit court judge had sufficient reason to approve a shortening of the time limit in this particular case.

Strickhouser asks the Supreme Court to determine if the Court of Appeals exceeded its authority and to what extent circuit courts have inherent authority to control their dockets. From Walworth County.