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NESS v. DIGITAL DIAL COMMUNICATIONS, INC.

No. 96-3436.

222 Wis.2d 374 (1998)

588 N.W.2d 63

Kenneth NESS and Susan Ness, Alan Knight, d/b/a Knight Land Surveying, Debra D. Honore and Patrick C. O'Donnell, Plaintiffs-Appellants, Douglas F. MANN, as receiver for Digital Dial Communications, Inc., Appellant, v. DIGITAL DIAL COMMUNICATIONS, INC., Defendant, U.S. BILLING, INC., and Zero Plus Dialing, Inc., Garnishees-Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 14, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of David L. DeBruin and Douglas P. Dehler of Michael, Best & Friedrich of Milwaukee, and on behalf of the appellant, the cause was submitted on the same briefs of Terry E. Johnson and Clayton L. Riddle of Peterson, Johnson & Murray, S. C. of Milwaukee.

On behalf of the garnishees defendants-respondents, the cause was submitted on the briefs of Douglas M. Hagerman and Kevin A. Babasik of Foley & Lardner of Milwaukee.

Before Snyder, P.J., Brown and Anderson, JJ.

ANDERSON, J.

This is an appeal from an order granting a renewed motion to vacate a default judgment against two garnishee defendants, U.S. Billing, Inc. and Zero Plus Dialing, Inc. The issue presented in this case is when does an amended garnishment summons and complaint, filed but not served on the defaulting party in accordance with § 801.14(1), STATS., supersede the original complaint? The trial court found that the amended garnishment complaint effectively...

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