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Civil Procedure – dismissal — dual lawsuits

By: WISCONSIN LAW JOURNAL STAFF//November 16, 2011//

Civil Procedure – dismissal — dual lawsuits

By: WISCONSIN LAW JOURNAL STAFF//November 16, 2011//

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Wisconsin Court of Appeals

Civil

Civil Procedure – dismissal — dual lawsuits

A second lawsuit was properly dismissed where a lawsuit is pending in a different county concerning the same claim.

“Barricade argues that its Racine County lawsuit should not have been dismissed because the parties differ from those involved in the Milwaukee County lawsuit. The defendants in the two Aon lawsuits, however, differed as well, yet we held that the circuit court properly dismissed the second lawsuit because Aon did not demonstrate how the claims it raised in the second lawsuit could not have been brought in the first lawsuit, or why the defendant in the second lawsuit could not have been named in the first lawsuit. Id. Bringing a new action against a different party is not enough to get around WIS. STAT. § 802.06(2)(a)10. As the circuit court noted, the Racine County lawsuit against Wind Lake is based on facts and circumstances that would be brought out in the Milwaukee County lawsuit. There is no basis for Wind Lake to defend itself against two lawsuits stemming from the same claim. Barricade had its chance to add Wind Lake as a party and did not do so. Barricade’s only remedy is to appeal the Milwaukee County circuit court’s decision to deny Barricade’s motion to extend the deadline to amend its complaint. See Aon, 289 Wis. 2d 127, ¶44.”

Affirmed.

Recommended for publication in the official reports.

2011AP64 Barricade Flasher Service, Inc., v. Wind Lake Auto Parts, Inc.

Dist. II, Racine County, Constantine, J., Reilly, J.

Attorneys: For Appellant: Carter, John J., Milwaukee; Meylink, Daniel E., Jr., Milwaukee; For Respondent: Falk, Matthew R., Milwaukee

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