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BRANDT v. BRANDT

No. 90-0365.

161 Wis.2d 784 (1991)

468 N.W.2d 769

Roberta L. BRANDT, Adam Joseph Brandt, a minor, by his guardian ad litem, Peter K. Lawrence, Plaintiffs-Appellants, PRUDENTIAL INSURANCE COMPANY OF AMERICA, and Allstate Insurance, Involuntary-Plaintiffs, v. Gerhardt BRANDT, Verna Brandt, and Lori Brandt, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 21, 1991.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of William H. Rudolph of Hillsboro, and Peter K. Lawrence of Richland Center.

For the defendants-respondents the cause was submitted on the briefs of John R. Miller of Miller, Rogers & Owens of Portage.

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

SUNDBY, J.

Adam Brandt, a minor, by his guardian ad litem, and his mother, Roberta Brandt, appeal from an order denying their motion under sec. 806.07(1)(d) and (h), Stats., to vacate an order entered pursuant to sec. 805.03, Stats., dismissing their action for failure to prosecute. We conclude that the order dismissing Adam's claim is void, but that the dismissal order is effective as to Roberta's claim. We further conclude that the trial court did not abuse its...

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