Motion to Dismiss – Court Error

By: Derek Hawkins//October 19, 2016//

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WI Court of Appeals – District III

Case Name: Jay W. Thorsland, et al v. Duane E. Wolter, et al

Case No.: 2016AP91

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Motion to Dismiss – Court Error

Jay and Lisa Thorsland appeal an order dismissing their wrongful death claim against Robert Switalla. The circuit court determined dismissal was required because Switalla was an agent of the Wisconsin Department of Natural Resources (DNR), and the Thorslands failed to serve the attorney general with notice of their claim against him as required by WIS. STAT. § 893.82 The Thorslands argue the circuit court erred by: (1) converting Switalla’s motion to dismiss to a motion for summary judgment; (2) improperly resolving factual disputes regarding Switalla’s agency; and (3) denying the Thorslands’ motion to compel discovery. We reject these arguments and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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