Civil Procedure – arbitration — default judgment

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Wisconsin Court of Appeals

Civil

Civil Procedure – arbitration — default judgment

GE Healthcare appeals from a circuit court order vacating a default judgment against LMJ Imaging Services Open MRI, Inc. (LMJ Imaging) and dismissing its action against LMJ Imaging in order to permit arbitration between the parties. GE Healthcare contends that its action against LMJ Imaging was a collection matter and not subject to arbitration under the parties’ contract. It further contends that LMJ Imaging was not entitled to relief from the default judgment. Finally, GE Healthcare submits that even if the parties’ dispute was subject to arbitration, the court should not have dismissed the matter.

We conclude that the circuit court correctly determined that the parties’ dispute was something other than a collection matter and therefore subject to arbitration under the parties’ contract. We further conclude that the court properly vacated the default judgment against LMJ Imaging. However, we agree with GE Healthcare that the court erred in dismissing its action against LMJ Imaging, as the matter should have been stayed pending arbitration pursuant to Wis. Stat. § 788.02 (2011-12). Therefore, we affirm in part and reverse in part. This opinion will not be published.

2011AP2466 GE Healthcare v. LMJ Imaging Services Open MRI Inc.

Dist III, Waukesha County, Ramirez, J., Per Curiam

Attorneys: For Appellant: Howell, Patrick B., Milwaukee; Schmidt, Pamela M., Milwaukee; For Respondent: Sweeney, Sean M., Milwaukee