Petition to Reopen

By: Derek Hawkins//March 1, 2017//

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WI Court of Appeals – District II

Case Name: Estate of Dorothy Matteson v. Mark Nelson

Case No.: 2016AP1778

Officials: Neubauer, C.J.

Focus: Petition to Reopen

A judgment was entered against Mark Nelson upon his default in failing to answer the complaint or appear in this small claims action. Nelson petitioned to reopen the judgment on the ground that he did not receive notice of the summons and complaint. The circuit court denied Nelson’s motion, and, on appeal, we affirmed that determination. See Estate of Matteson v. Nelson, No. 2015AP1669, unpublished slip op. ¶1 (WI App Dec. 30, 2015). Several months later, Nelson moved a second time to reopen the judgment, arguing that he had new evidence that showed that Estate of Dorothy Matteson, c/o Zacherl, O’Malley & Endejan (the Estate), obtained the judgment by fraud. The circuit court denied the motion, concluding that Nelson’s motion was “[w]oefully late” and he did not have a meritorious defense.

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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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