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01-1368 Armbruster v. Fitzgerald

By: dmc-admin//February 18, 2002//

01-1368 Armbruster v. Fitzgerald

By: dmc-admin//February 18, 2002//

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Douglas Fitzgerald appeals from a default judgment in favor of Robert and Patricia Armbruster. Fitzgerald challenges the default judgment and the damages award on numerous grounds. We conclude that the circuit court did not erroneously exercise its discretion by granting the default judgment.

However, we reverse and remand for a new determination of damages because Fitzgerald was not served with notice of the specific amount of damages that the Armbrusters were seeking before the hearing on damages.

This opinion will not be published.

Dist III, Door County, Ehlers, J., Per Curiam

Attorneys:

For Appellant: R. George Burnett, Green Bay; April Rockstead Barker, Green Bay

For Respondent: Jon Robert Pinkert, Sturgeon Bay

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