00-2107 Draves, et al. v. Priegel

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Gavin Priegel appeals from a judgment granting Gerald and Jeannie Draves, Mark and Dawn Wuerl, and Peter and Diane Wellinghoff (collectively, Draves) an easement over his property and permanently enjoining any conduct restricting exercise of the access easement. Priegel argues that the circuit court denied him a trial when it decided Draves’ entitlement to the easement based on evidence presented during litigation of injunction issues, that the court erroneously exercised its discretion in striking his answer as a sanction for failure to comply with scheduling orders, and that the evidence was insufficient to support the court’s finding of an easement. We conclude that striking Priegel’s answer was a proper exercise of discretion. Once the answer was stricken, judgment on the allegations in the complaint was appropriate. We affirm the judgment. This opinion will not be published.

Dist II, Washington County, Schlaefer, J., Per Curiam

Attorneys:

For Appellant: Daryl W. Laatsch, West Bend

For Respondent: Douglas R. Stern, Milwaukee; Patrick A. Callahan, Milwaukee