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NEYLAN v. VORWALD

Nos. 82-2051, 82-2052.

124 Wis.2d 85 (1985)

368 N.W.2d 648

Kathleen NEYLAN, Plaintiff-Appellant, v. Richard VORWALD and General Casualty Company of Wisconsin, an insurance corporation, Defendants and Third-Party Plaintiffs-Respondents-Petitioners, Rosemary NEYLAN and IMT Insurance Company, a foreign corporation, Third-Party Defendants. Rosemary NEYLAN, Plaintiff-Appellant, v. Richard VORWALD and General Casualty Company of Wisconsin, an insurance corporation, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided May 29, 1985.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Roger J. Mueller, Patrick J. Fiedler and Hamilton & Mueller, S.C., Dodgeville, and oral argument by Roger J. Mueller.

For the plaintiffs-appellants there was a brief by Charles E. Brady and Czajkowski & Brady, Prairie du Chien, and oral argument by Charles E. Brady.

STEINMETZ, J.

The issues in this case are whether a trial court, upon its own motion, may dismiss actions for failure to prosecute without giving actual notice to any party, and secondly, since such dismissals were ordered in this case, were the judgments void. If they are void, must they be set aside upon motion brought pursuant to sec. 806.07, Stats.,1 and what, if any, time limits might restrict the bringing of such motions.

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