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01-1048 Morales v. Liberty Mutual Insurance Company

By: dmc-admin//January 21, 2002//

01-1048 Morales v. Liberty Mutual Insurance Company

By: dmc-admin//January 21, 2002//

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Liberty Mutual Insurance Company appeals an order denying its motions to set aside a default judgment and enlarge the time to answer the complaint, or, in the alternative, to reopen the issue of damages. Liberty argues that the circuit court erred by denying its motions because: (1) the default judgment was void; and (2) there was excusable neglect. We conclude that the circuit court did not err by denying Liberty’s motion to set aside the liability portion of the default judgment and enlarge the time to answer the complaint. However, Liberty received no notice of the specific amount of money claimed prior to the court rendering judgment.

Therefore, we reverse the damages portion of the order and remand for further proceedings consistent with this opinion.

This opinion will not be published.

Dist III, Langlade County, Jansen, J., Per Curiam

Attorneys:

For Appellant: Melissa Kirschner, Eau Claire

For Respondent: James K. Kurth, Wausau

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