Court Error – Abuse of Discretion

By: Derek Hawkins//September 4, 2019//

Listen to this article

WI Court of Appeals – District IV

Case Name: Progressive Universal Insurance Company v. Marilyn E. Martin

Case No.: 2018AP1738

Officials: FITZPATRICK, J.

Focus: Court Error – Abuse of Discretion

Marilyn Martin appeals an order of the Dane County Circuit Court denying her motion to reopen a default judgment in this small claims case. A default judgment was entered against Martin in favor of Progressive Universal Insurance Company (Progressive) after Martin failed to appear at the trial. Martin’s motion to reopen the default judgment alleged that she did not receive notice of the trial date and time. Because I conclude that the circuit court properly exercised its discretion based on its finding that Martin received notice, the order denying Martin’s motion to reopen the default judgment is affirmed.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event