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Default judgment

Feb 14, 2012

Civil Procedure — default judgment — motions to reopen

2011AP1777 Equity Assets Limited LLC vs. Garland, et al.

Dec 7, 2011

Civil Procedure — default judgment — excusable neglect

2011AP537 Ameritech Publishing Inc. v. Integrity Construction Group Inc.

Nov 25, 2011

Motor Vehicles, Default judgment, motions to reopen

2011AP430 County of Washington v. Walker

Aug 23, 2011

2010AP1727 Bank of New York Mellon Trust Company v. Pratt, et al.

Civil Procedure Default judgment; excusable neglect

Aug 10, 2011

2010AP14, 2010AP493 Zander vs. Bidard

Civil Procedure Default judgment; excusable neglect

Jun 15, 2011

10-2854 Philos Technologies, Inc., v. Philos & D, Inc.

Civil Procedure Default judgment; motions to vacate A party may, nearly a year after the entry of a default judgment, move to vacate the judgment on the ground that it was void for a lack of personal jurisdiction. “[T]he defendants’ letter to the district court did not constitute an appearance or submit the defendants to […]

Apr 26, 2011

2010AP1374 Ellis v. DOA

Employment Worker’s compensation; default judgment Default judgment is unavailable to plaintiffs in worker’s compensation actions when the employer has timely answered. “[W]e first note that nowhere does the statute provide for default judgment.  Additionally, § 102.23(1)(e) expressly provides that the administrative order at issue may only be set aside for the following grounds:  (1) tha[...]

Feb 10, 2011

2009AP3055 Mansfield v. Smith

Civil Procedure Default judgment; motions to reopen; excusable neglect Paul Smith appeals the order denying his motion to reopen the case, in which a default judgment for replevin of his vehicle had been entered. He argues that his failure to appear at the initial hearing was caused by excusable neglect and, if the case were […]

Dec 8, 2010

09-3625 Relational, LLC, v. Hodges

Civil Procedure Default judgment; credibility A court is not required to credit the only testimony offered. “Hodges appears to presuppose that the district court could compel Johns to appear. This is simply not the case; foreign nationals are beyond the court’s subpoena power. See 28 U.S.C. § 1783; United States v. Drogoul, 1 F.3d 1546, […]

Nov 17, 2010

2009AP2549 Johnson v. Cintas Corp. No. 2

Civil Procedure Default judgment; personal jurisdiction Where the plaintiff named the wrong defendant, and the trial court permitted the plaintiff to amend the complaint and then immediately entered default judgment, the judgment must be reversed. “Here, the trial court permitted Johnson to amend the pleadings to name Cintas No. 2, and then immediately granted default […]

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