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Eviction – Motion to Reopen

By: Derek Hawkins//September 2, 2015//

Eviction – Motion to Reopen

By: Derek Hawkins//September 2, 2015//

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Civil

WI Court of Appeals – District II

Officials:GUNDRUM, J.

Eviction – Motion to Reopen

2015AP509 Wright Weber Management, LLC v. Ryan P. Walker

Ryan P. and Bobbie S. Walker, husband and wife, appeal the circuit court’s denial of their motion to reopen and vacate a judgment of eviction entered against them following a court trial. The Walkers assert that the circuit court erred in denying, without a hearing, their motion to reopen and vacate the judgment. They contend the court should have afforded them a hearing on their motion because if the allegations contained in the motion and supporting documents are true, the judgment was procured by fraud and was void, pursuant to WIS. STAT. § 806.07(1)(c) and (d) respectively. They alternatively assert that it should be reopened and vacated because relief from operation of the judgment is otherwise justified, based upon § 806.07(1)(h). For the following reasons, we affirm.

Decision

Affirmed

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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