Civil Procedure – summons — fundamental defects

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

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Wisconsin Court of Appeals

Civil

Civil Procedure – summons — fundamental defects

Richard Hoeft, pro se, appeals from an order vacating a default judgment and dismissing his complaint against Robert Dezotell without prejudice. Hoeft argues the circuit court erred by finding his summons fundamentally defective. Hoeft also contends that any defect in the summons was technical, Dezotell was not prejudiced, and Dezotell waived any objection to a defective summons. Finally, Hoeft claims the court erred by vacating the damage award in the default judgment. We reject Hoeft’s arguments and affirm. This opinion will not be published.

2010AP2483 Hoeft v. Dezotell

Dist III, Ashland County, Anderson, J., Per Curiam

Attorneys: For Appellant: Hoeft, Richard, pro se; For Respondent: Lavigne, Richard A., Jr., Ashland

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