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SHIRK v. BOWLING, INC.

No. 98-3634-FT.

242 Wis.2d 153 (2001)

2001 WI 36

624 N.W.2d 375

Sandra L. SHIRK, Plaintiff-Appellant, v. BOWLING, INC., Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided April 11, 2001.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Scott C. Beightol, Brenda S. Kasper and Michael Best & Friedrich LLP, Milwaukee, and oral argument by Scott C. Beightol.

For the plaintiff-appellant there was a brief by Russell C. Brannen, Jr., and O'Neil, Cannon & Hollman, S.C., Milwaukee, and oral argument by Russell C. Brannen, Jr.

¶ 1. N. PATRICK CROOKS, J.

The issue presented by this case is whether a circuit court may deny a motion for default judgment based on the preemptive use of the statute governing relief from judgments, Wis. Stat. § 806.07(1)(1995-96),1 when the party opposing the motion claims excusable neglect for its untimely answer. Petitioner, Bowling, Inc. (Bowling), seeks review of an unpublished decision of the

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