DEKKER v. WERGIN

No. 96-3258.

214 Wis.2d 17 (1997)

570 N.W.2d 861

William J. DEKKER, Plaintiff-Appellant, v. Dennis M. WERGIN and Kay M. Wergin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 17, 1997.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Weldon V. Zufelt of Sheboygan.

On behalf of the defendants-respondents, the cause was submitted on the brief of Patrick A. Dewane, Jr. of Dewane, Dewane, Kummer, Lambert & Fox of Manitowoc.

Before Brown, Nettesheim and Anderson, JJ.


ANDERSON, J.

William J. Dekker appeals from a summary judgment dismissing his action to set aside a default judgment on the grounds that it was a fraud upon the court. Dekker contends that Dennis M. Wergin committed perjury in testimony given to support the award of damages in the underlying action. Even if this is true, Dekker must nevertheless come to court with clean hands; however, he failed to act in a timely or prudent fashion to protect his own interests in...

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