02-1979 Peterson d/b/a Master Builders v. Baker, et al.

By: dmc-admin//December 23, 2002//

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Ray Peterson appeals an order denying his motion to reopen a default judgment entered against him in a small claims action. Peterson claims that the circuit court erroneously exercised its discretion by determining (1) that he did not demonstrate excusable neglect for his failure to appear at a scheduled court trial and (2) that he failed to demonstrate a reasonable prospect of success on the merits if the case were reopened. We agree that Peterson’s proffered reason for failing to appear at the trial does not amount to excusable neglect and conclude that the circuit court exercised proper discretion in refusing to reopen the judgment. Therefore, we do not address Peterson’s second argument.

Accordingly, we affirm the circuit court’s order.

This opinion will not be published.

Dist IV, Dane County, Nowakowski, J., Roggensack, J.

Attorneys:

For Appellant: Ray A. Peterson, Monona

For Respondent: James C. Anderson, Eau Claire

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