Douglas v. Dewey

In Douglas v. Dewey, 147 Wis. 2d 328, 433 N.W.2d 243 (1989), the supreme court considered Wis. Stat. Rule 809.10, which provides that "a person shall initiate an appeal by filing a notice of appeal with the clerk of the trial court in which the judgment or order appealed from was entered ...." together with Wis. Stat. Rule 809.25(2)(a), which provides: "The clerk of the court shall charge the following fees: 1. For filing an appeal, cross-appeal, petition for review, petition to bypass, or other proceeding, $ 150." The Douglas court concluded that the appellant's failure to pay the entire filing fee with his notice of appeal did not deprive the court of appeals of jurisdiction to entertain the appeal. Douglas, 147 Wis. 2d at 342. In Douglas, the court concluded that in an appeal to the court of appeals, the notice of appeal conferred jurisdiction on the appellate court whether or not the filing fee was paid with the notice of appeal. Id.