Civil Procedure — default judgment — relief from judgment

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Wisconsin Court of Appeals

Civil

Civil Procedure — default judgment — relief from judgment

Bank of America Corporation appeals a default judgment awarding Ruth and Edward Pecha $450,000 in their personal injury suit. Bank of America argues the circuit court erroneously rejected its motion to vacate the default judgment. Bank of America further argues it is entitled to a new damages hearing. Ruth and Edward Pecha cross-appeal, arguing the court erroneously capped the amount of their damages. We hold that the circuit court applied an erroneous legal standard when determining whether to vacate the default judgment. We therefore reverse and remand for the court to reconsider whether to reopen the case. In light of our reversal, we do not reach the parties’ respective arguments concerning damages. This opinion will not be published.

2011AP2227 Pecha v. Miers, et al.

Dist III, Barron County, Babbitt, J., Per Curiam

Attorneys: For Appellant: Muth, David P., Milwaukee; Remington, John R., Milwaukee; For Respondent: Bye, Charles M., River Falls; Heidt, Martha H., River Falls; Laule, Brian F., River Falls