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BURNETT v. HILL

No. 94-2011.

199 Wis.2d 163 (1996)

544 N.W.2d 580

Steven BURNETT, Plaintiff-Appellant, v. Claude HILL, d/b/a Sportsman's Lounge and ABC Insurance Company, a fictitious insurance company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 9, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Karl M. Gebhard, Jr., of Eisenberg, Weigel, Carlson, Blau, Reitz & Clemens, S.C., of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of William W. Graper of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SULLIVAN, J.

Steven Burnett asks us to review whether a summons served by publication pursuant to §§ 801.02(3), and 801.11(1)(c), STATS., must be authenticated to acquire personal jurisdiction over a defendant. The trial court granted Claude Hill's motion to dismiss Burnett's negligence action with prejudice because Burnett failed to authenticate the summons he served by publication. The trial court ruled that this failure was a fundamental error that deprived...

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