Insufficient service of the summons

By: WISCONSIN LAW JOURNAL STAFF//December 12, 2022//

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WI Court of Appeals – District I

Case Name: Byron K. Leonzal v. RBJ Restaurant Group Limited Liability Company

Case No.: 2021AP000621

Officials: Donald, P.J., Dugan and White, JJ.

Focus: Insufficient service of the summons

RBJ Restaurant Group LLC (RBJ), a Papa Johns franchise owner, appeals the non-final order denying a motion to dismiss for insufficient service of the summons and complaint.1 The court concludes that the circuit court applied the improper standard of law when it found that service was made in accordance with WIS. STAT. § 801.11(5). Leonzal’s efforts to obtain personal jurisdiction over RBJ were insufficient because service of process was not made at the correct office. “Failure to obtain personal jurisdiction over the defendant by statutorily proper service of process is a fundamental defect fatal to the action, regardless of prejudice.” accordingly, the court reversed and remanded with instructions to grant RBJ’s motion to dismiss.

Reversed and remanded.

Decided 12/06/22

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