2010AP1109 Red Star Yeast Company LLc v. Bass, et al

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Civil Procedure
Default judgment; personal jurisdiction

This appeal arises out of a default judgment entered against Cliff Bass and MRI Network Sales Consultants of Plantation. The defendants appeal the circuit court’s denial of their motion to vacate the default judgment entered against MRI Network Sales Consultants of Plantation and the denial of their motion for reconsideration. They contend that the default judgment is void because the summons does not name Rabrob Corp.—the entity allegedly liable in the action—and there is therefore no personal jurisdiction over Rabrob. We conclude that there is no dispute that Rabrob is the correct defendant and the record shows that MRI Network Sales Consultants of Plantation is a name that Rabrob uses in doing business. Therefore, under Hoesley v. La Crosse VFW Chapter, 46 Wis. 2d 501, 175 N.W.2d 214 (1970), we conclude that this is a mislabeling of the correct defendant, not a naming of the wrong defendant, and the judgment is not void for lack of personal jurisdiction over Rabrob. Not recommended for publication in the official reports.

2010AP1109 Red Star Yeast Company LLc v. Bass, et al

Dist I, Milwaukee County, Witkowiak, J., Vergeront, P.J.

Attorneys: For Appellant: Woehl, Dustin, Milwaukee; For Respondent: Crivello, Frank T., II, Milwaukee

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