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02-0473 Fox v. Kalberg

By: dmc-admin//November 25, 2002//

02-0473 Fox v. Kalberg

By: dmc-admin//November 25, 2002//

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This is a review of trial court orders denying a motion to vacate a default judgment in a small claims case and a motion to reconsider. The plaintiffs, Clayton Fox and Sarah Sturino Fox, were pro se, and the defendants, Terry and Pat Kalberg, appeared by their attorney, David Berman. Default judgment was entered against the Kalbergs after neither the Kalbergs nor Berman appeared at trial. On the Kalbergs’ motion to vacate, Berman contended that the two sides had agreed to an adjournment. But the trial court noted that no adjournment is for certain unless or until the court grants one, and Berman had no business failing to appear unless or until he received notice from the court that the matter had been adjourned.

We affirm the trial court’s decision that no excusable neglect was shown.

This opinion will not be published.

Dist II, Kenosha County, Fisher, J., Brown, J.

Attorneys:

For Appellant: David R. Berman, Kenosha

For Respondent: Clayton and Sarah Fox, Kenosha, pro se

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