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BENDIMEZ v. NEIDERMIRE

No. 98-0656.

222 Wis.2d 356 (1998)

588 N.W.2d 55

Ruth M. BENDIMEZ, Plaintiff-Respondent, v. Allen M. NEIDERMIRE and Cecelia E. Neidermire, d/b/a Old Mill Shop, and General Casualty Company of Wisconsin, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided October 13, 1998.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of R. Michael Waterman of Mudge Porter Lundeen & Seguin, S.C., of Hudson.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Vincent J. Moccio of Robins, Kaplan, Miller & Ciresi L.L.P. of Minneapolis, Minnesota.

Before Cane, C.J., Myse, P.J., and Hoover, J.

HOOVER, J.

Allen and Cecelia Neidermire and General Casualty Company of Wisconsin appeal an order denying their motion for summary judgment. The appellants claim the trial court erred by concluding that service on Wisconsin defendants by an out-of-state process server constitutes a technical rather than a fundamental defect. We conclude that such service is fundamentally defective and thus deprives the court of personal...

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