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WICK v. WATERMAN

No. 87-1232.

143 Wis.2d 676 (1988)

421 N.W.2d 872

Wilbert WICK, Personal Representative of the Estate of Henry Wick, deceased, Plaintiff-Appellant, v. Dale WATERMAN, individually, and Eleanor Waterman, husband and wife, and in relation to their marital property, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 25, 1988.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James H. Mathis and Schechter and Mathis, of La Crosse.

For the defendant-respondent the cause was submitted on the brief of Bryant Klos and Steele, Klos, & Flynn-Chartered, of La Crosse, and Alex Cameron and Cameron, Nix, Collins & Quillan, Ltd., of La Crosse.

Before Gartzke, P.J., Dykman and Sundby, JJ.

GARTZKE, P.J.

Wilbert Wick is the personal representative of the estate of Henry Wick. He appeals from a judgment dismissing his complaint against Dale Waterman. Waterman died during the litigation. The trial court dismissed the complaint because Wilbert Wick failed to serve notice of substitution for Waterman within 90 days of the suggestion of his death on the record. Sec. 803.10(1)(a), Stats.

The dispositive issue is whether under sec. 803.10(1)(a), Stats...

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