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Civil Procedure — service

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2012//

Civil Procedure — service

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2012//

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Wisconsin Court of Appeals

Civil

Civil Procedure — service

Krist Oil Company appeals an order dismissing, with prejudice, its action against the Wisconsin Department of Transportation. Krist argues the circuit court erred by concluding it did not properly serve upon the State its summons and complaint. We reject this argument and, therefore, affirm that part of the order dismissing Krist’s lawsuit.

Krist alternatively claims the circuit court erroneously exercised its discretion when it dismissed the suit with prejudice. We agree and, therefore, reverse that part of the order indicating the dismissal is “with prejudice.” Because the parties’ arguments addressing dismissal with prejudice were not fully developed in the circuit court, we remand the matter with directions to determine whether the dismissal should be with prejudice. This opinion will not be published.

2011AP763 Krist Oil Company v. State of Wisconsin, Department of Transportation

Dist III, Iron County, Madden, J., Per Curiam

Attorneys: For Appellant: Polich, Roy P., Iron River, Mich.; Kivisaari, John C., Iron River, Mich.; For Respondent: Gibson, Charlotte, Madison

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