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RUPERT v. HOME MUT. INS. CO.

No. 85-2371.

138 Wis.2d 1 (1987)

405 N.W.2d 661

Scott W. RUPERT, Plaintiff-Appellant, v. HOME MUTUAL INSURANCE COMPANY and Catherine A. Pire, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 3, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant, there were joint briefs by Ralph W. Koopman of Eagle River, and Thomas N. Akey of Minocqua.

For the defendants-respondents, there was a brief by John E. Bliss of Tinkham, Smith, Bliss, Patterson, Richards & Hessert of Wausau.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Scott Rupert appeals an order dismissing his action against Home Mutual Insurance Company and Catherine Pire. The trial court dismissed the complaint because it concluded that Rupert had failed to diligently prosecute the action. Rupert argues that the dismissal violated his due process rights because he had no warning of what conduct constituted failure to prosecute an action. While we agree that the dismissal for failure to diligently prosecute violates...

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