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Motion to Reopen
By: Derek Hawkins//September 2, 2015//
Listen to this articleCivil
WI Court of Appeals – District IV
Officials: KLOPPENBURG, P.J.
Motion to Reopen
2015AP547 Samuel L. Buoscio v. Parker Pen Company
Samuel Buoscio appeals the order denying his motion to reopen a default judgment that had been entered against him. Buoscio filed a small claims complaint against Parker Pen Company, seeking the return of a pen that he alleges he sent for a warranty repair. Buoscio attached to the complaint a letter allegedly from Boufford acknowledging receipt of the pen and stating that the pen was being sent to a repair facility in France. The complaint included a return date of June 27, 2014. Buoscio moved to be excused from appearing on that date due to his incarceration in Ohio. Parker Pen employee Mary Boufford appeared for Parker Pen, and alleged that the letter that Buoscio attached to the complaint is fraudulent. The circuit court dismissed the case without prejudice for failure to state a claim.
Decision
Affirmed
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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