L. G. v. Aurora Residential Alternatives, Inc.Annotate this Case
The Supreme Court reversed the order of the court of appeals dismissing the appeal of an order of the circuit court denying a request to compel arbitration and stay a pending lawsuit pending arbitration, holding that a circuit court order denying a request to compel arbitration and stay a pending lawsuit is final for the purposes of appeal.
Respondent, a mentally disabled resident of Appellant, which owned and operated residential facilities, brought this lawsuit over an incident in which one of Appellant's employees sexually assaulted her. Respondent, however, had signed an arbitration agreement with Appellant, and Appellant filed a motion to compel arbitration and stay the proceedings pending the arbitration. The circuit court denied the motion, and Appellant appealed. Respondent moved to dismiss the appeal for lack of jurisdiction because the order was not a final and appealable order. The court of appeals granted the motion. The Supreme Court reversed, holding (1) an application to stay pursuant to Wis. Stat. 788.02 is a special proceeding within the meaning of Wis. Stat. 808.03(1); and (2) a circuit court order that disposes of the entire matter in litigation between one or more parties in a section 788.02 special proceeding is final for the purposes of appeal.