2005AP3072 Bacher Communications Inc. v. Krinsky, et al.

dmc-admin//October 30, 2006//

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Bacher Communications appeals an order denying its motion for relief under Wis. Stat. § 806.07 from a stipulated dismissal of its lawsuit against Ameritech Corporation. Bacher argues it is in the same position as the litigants in Insurance Company of North America v. Cease Electric, Inc., 2004 WI 139, 276 Wis. 2d 361, 688 N.W.2d 462, and therefore, it should be allowed to reopen a voluntary dismissal. Bacher also argues the circuit court’s denial was inherently inconsistent with its grant of another litigant’s motion to reinstate its judgment, and therefore, Bacher’s judgment should also be reinstated. We disagree, and affirm the circuit court’s denial of Bacher’s motion for relief from its stipulated dismissal. Not recommended for publication in the official reports.

Dist III, Brown County, Kelley, J., Cane, C.J.

Attorneys: For Appellant: Cook, Gregory J., Milwaukee; For Respondent: Flaherty, Daniel T., Appleton