No. 25-1293October Term 2025Petition Pending
Dan Schmidt, Petitioner v. City of Omro, Wisconsin, et al.
Dan Schmidt asks the Supreme Court to review whether a Wisconsin trial judge violated his federal due-process rights by not telling him that he had an absolute right to appeal after the judge dismissed his civil tort case with prejudice.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Decision timing
- No decision timeline until the Court agrees to hear the case.
- What it's about
Dan Schmidt asks the Supreme Court to review whether a Wisconsin trial judge violated his federal due-process rights by not telling him that he had an absolute right to appeal after the judge dismissed his civil tort case with prejudice. The case is pending, and the Court has not yet decided whether to hear it or rule on the merits.
Question presented
1. Does the 14th Amendment require a state trial court judge to inform a party of Wisconsin ’ s absolute right to appeal in a civil tort case at a hearing on a Motion to Dismiss and in its written order of dismissal? 2. If so, is there in an equitable exception when the trial court merely states its dismissal was with prejudice and assumes that the party knows what that term meant?
- Case path
Court of Appeals of Wisconsin, District II / Petition pending
- Area
Petition for review pending
Briefing
What it's about
Dan Schmidt asked the Supreme Court to review whether due process required a Wisconsin trial judge to tell him about an asserted right to appeal after dismissing his civil tort case with prejudice. The case has been dismissed, and the Court did not decide that constitutional question.
Impact
The dispute concerns whether people in civil cases must be told about appeal rights when a judge ends their case. For example, a person whose lawsuit is dismissed could miss an appeal deadline if they do not understand the effect of the order.
What is at stake in Schmidt v. City of Omro?
The case raised whether a Wisconsin judge had to tell Schmidt about an asserted right to appeal after dismissing his civil tort lawsuit.
How could this affect people whose civil cases are dismissed?
It concerns whether courts must give notice about appeal rights. That notice could matter to a litigant deciding whether to challenge a dismissal.
What happens next in Schmidt v. City of Omro?
The case has been dismissed. The Supreme Court did not decide the constitutional question or set a decision window.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology