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AM. FAMILY MUT. INS. v. ROYAL INS. CO.

No. 90-1010.

160 Wis.2d 455 (1991)

465 N.W.2d 841

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff, v. ROYAL INSURANCE COMPANY OF AMERICA, Defendant-Respondent, MILWAUKEE MUTUAL INSURANCE COMPANY, Defendant-Appellant, Julia B. POST, Karen J. Cardinal and Leader National Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided January 30, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Russell M. Ware and Timothy S. Knurr of Schoone, Ware, Fortune & Leuck, S.C. of Racine.

On behalf of the defendant-respondent, the cause was submitted on the brief of Susan E. Simanek of Albert, Jude, Shuman & Simanek, S.C. of Racine.

Before Brown, Scott and Anderson, JJ.

SCOTT, J.

In this subrogation case, Milwaukee Mutual Insurance Company appeals from a summary judgment granted in favor of Royal Insurance Company of America. Milwaukee Mutual contends the trial court was without jurisdiction over it because Royal's photocopied summons, complaint and cross-complaint were never presented to the clerk of courts and so were not "authenticated" within the meaning of secs. 801.02(1) and 801.09(4), Stats., and therefore were fatally defective...

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