Werner v. Hendree
2011 WI 10
Wis.2011Background
- Werner sued Hendree and Honeck for injuries from a home robbery; Hendree was an OCI insurance examiner alleged to have caused the harm via negligent hiring/retention; Honeck was Hendree's supervisor and faced governmental-immunity defenses.
- Circuit court dismissed Honeck on governmental-immunity grounds and ruled Hendree ineligible for indemnification under Wis. Stat. § 895.46(1).
- Two orders (the Honeck dismissal and Hendree indemnification ruling) were signed and filed on December 3, 2007, but the court had assured they would not be filed until Hendree’s liability was resolved.
- The court held a bench trial on Hendree’s liability on June 24, 2008; judgment against Hendree entered July 11, 2008; Werner appealed on August 18, 2008.
- Court of Appeals dismissed Werner’s appeal as untimely for the two orders; this Court granted review and ultimately held the appeals survive and remand for vacatur/reentry of the two orders.
- Werner passed away in 2010; the underlying criminal case against Hendree is unrelated to the civil appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Hendree indemnification order was final for purposes of appeal | Order not final; disposed of neither Hendree’s liability nor Werner’s damages. | Order was final in a special proceeding and terminated the State’s interest; appeal timely. | Court of Appeals erred; order not final until July 11, 2008; Werner’s appeal timely thereafter. |
| Whether the circuit court properly denied relief to vacate and reenter the two orders | Relief warranted under Wis. Stat. § 806.07(l)(h) due to extraordinary circumstances and party reliance on court assurances. | Relief not available within one-year limit for § 806.07(l)(a); no extraordinary circumstances justifying late relief. | Circuit court erred in denying relief; remand to vacate and reenter the Honeck dismissal and Hendree indemnification orders. |
Key Cases Cited
- Edland v. Wis. Physicians Serv. Ins. Corp., 210 Wis.2d 638 (Wis. 1997) (relief from judgment under § 806.07(l)(a)/(h) narrowly applied; notice and finality considerations discussed)
- State ex rel. M.L.B. v. D.G.H., 122 Wis.2d 536 (Wis. 1985) (§ 806.07(l)(h) liberal relief standard; finality considerations require extraordinary circumstances)
- Sanders v. Estate of Sanders, 310 Wis.2d 175 (Wis. 2008) (finality and final judgment concepts in Wisconsin appellate practice)
- Kenosha Prof’l Firefighters v. City of Kenosha, 317 Wis.2d 628 (Wis. 2009) (finality and appeal timing standards in Wisconsin Supreme Court decision)
- Miller v. Hanover Ins. Co., 326 Wis.2d 640 (Wis. 2010) (analogous discussion of § 806.07(l)(h) and discretionary relief)