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STRONG v. BRUSHAFER

No. 93-2245-FT.

185 Wis.2d 812 (1994)

519 N.W.2d 668

Gerald C. STRONG, Plaintiff-Appellant, v. Patrick E. BRUSHAFER and City of Milwaukee, a Municipal Corporation, Defendants-Respondents, AMERICAN MOTORISTS INSURANCE COMPANY,a Foreign Corporation,Defendant.

Court of Appeals of Wisconsin.

Decided June 7, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James W. McCann, with Eisenberg, Weigel, Carlson, Blau, Reitz & Clemens, S.C. of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Grant F. Langley and Michael G. Tobin of Milwaukee.

Before Sullivan, Fine and Schudson, JJ.

SCHUDSON, J.

Gerald Strong appeals from a judgment dismissing his personal injury lawsuit against the City of Milwaukee and awarding costs to the City. Because Strong refiled his action against the City and that suit is pending, the merits of his appeal of the dismissal are moot. His appeal of the order awarding costs, however, is not moot. Due to the improper motion practice of Assistant City Attorney Joseph H. McGinn, we reverse the award of costs to the City. Additionally...

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