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EAU CLAIRE COUNTY v. EMPLOYERS INS.

No. 87-1954.

146 Wis.2d 101 (1988)

430 N.W.2d 579

EAU CLAIRE COUNTY, Ronald Wampler, David Daux, Hugh McMillan, Maurice Miller, Gary Bork, Hugh McNamara, and Dwayne Peterson, Plaintiffs-Respondents-Cross Appellants, v. EMPLOYERS INSURANCE OF WAUSAU, Defendant-Appellant-Cross Respondent, INTERNATIONAL SURPLUS LINES INSURANCE COMPANY, Defendant-Respondent-Cross Appellant. Verna PEARSON, Defendant.

Court of Appeals of Wisconsin.

Decided July 19, 1988.

Attorney(s) appearing for the Case

For defendant-appellant-cross-respondent, Employers Insurance of Wausau, there were briefs by Curtis C. Swanson and Michael S. Anderson of Axley & Brynelson, of Madison.

For plaintiffs-respondents-cross-appellants, Eau Claire County, et al., there were briefs submitted by Arnold P. Anderson of Carroll, Parroni, Postlewaite, Anderson & Graham, S.C., of Eau Claire.

For defendant-respondent-cross-appellant, International Surplus Lines Insurance Company, there were briefs by Richard F. Johnson, Hugh C. Griffin, and Paul Peralta of Chicago, Illinois (of counsel); and Mark A. Peterson of Mulcahy & Wherry, S.C., of Milwaukee.

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

CANE, P.J.

This appeal primarily concerns whether the trial court abused its discretion by granting a motion for relief from judgment under sec. 806.07(1)(h), Stats. The trial court vacated two separate judgments and reinstated a substantially identical consolidated judgment essentially for the purpose of extending the time for appeal. We conclude that the trial court, relying on an erroneous view of the law, abused its discretion in granting the sec. 806.07(1)(h...

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