01-2828 Legend Diamonds Inc. v. Diamond Cutters of Milwaukee, et al.

By: dmc-admin//September 30, 2002//

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Armond Messnick appeals from a judgment awarding Legend Diamonds Inc. summary judgment against him and Diamond Cutters of Milwaukee jointly and severally after Messnick and Diamond Cutters failed to respond to Legend Diamonds’ discovery requests. We conclude that the circuit court properly exercised its discretion in declining to permit Messnick and Diamond Cutters to file late responses to Legend Diamonds’ discovery. The admissions resulting from the failure to respond to the discovery removed all genuine issues of material fact from the case, making summary judgment appropriate. We also hold that Messnick waived his appellate claim that the circuit court should have granted only partial summary judgment against him.

We affirm.

This opinion will not be published.

Dist II, Waukesha County, Davis, J., Per Curiam

Attorneys:

For Appellant: Alan D. Eisenberg, Milwaukee

For Respondent: Jonathan H. Dudley, Milwaukee; Bryan M. Becker, Milwaukee

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