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2010AP1807 Condor Capital Corporation v. Lansing

By: WISCONSIN LAW JOURNAL STAFF//June 1, 2011//

2010AP1807 Condor Capital Corporation v. Lansing

By: WISCONSIN LAW JOURNAL STAFF//June 1, 2011//

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Debtor-Creditor
Replevin; notice; venue

Robert Lansing appeals an order denying his motion to reopen a replevin judgment. He argues that the judgment is void for two reasons: (1) Condor Capital Corporation failed to provide all of the notices listed in Wis. Stat. § 425.205(1g)(a) (2009-10); and (2) the action was not properly venued in Shawano County. We conclude that Wis. Stat. § 425.205(1g) does not apply. However, the court improperly denied the motion to vacate the judgment based on the venue issue because an evidentiary hearing was required to provide a factual basis to resolve the venue issue. This opinion will not be published.

2010AP1807 Condor Capital Corporation v. Lansing

Dist III, Shawano County, Habeck, J., Per Curiam

Attorneys: For Appellant: Pagel, Briane F., Jr., Madison; For Respondent: Pasch, Robert A., Madison; Thill, Brian P., Madison

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