Motor Vehicles — default judgment

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Motor Vehicles — default judgment

Korry Ardell appeals the circuit court’s denial of his motion to reopen a default judgment entered against him after he failed to appear on charges of operating a motor vehicle without insurance (OMVWI). See Wis. Stat. § 344.62(1). Ardell was charged with OMVWI subsequent to a traffic stop on March 29, 2012. Ardell did not appear at the hearing on the citation for OMVWI, and the circuit court entered default judgment against him. Ardell moved to reopen the judgment, claiming that he never received notice of the hearing on the OMVWI citation. The circuit court denied Ardell’s motion, and Ardell appeals, arguing that the circuit court erroneously exercised its discretion in denying his motion to reopen because extraordinary circumstances, excusable neglect, and due process supported vacating the default judgment. We reject Ardell’s arguments and affirm. This opinion will not be published.

2012AP1722 County of Fond du Lac v. Ardell

Dist II, Fond du Lac County, Nuss, J., Neubauer, P.J.

Attorneys: For Appellant: Ardell, Korry L., pro se; For Respondent: Tenerelli, Kimberly A., Fond du Lac

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