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CTI OF NORTHEAST WISCONSIN, LLC v. HERRELL

No. 02-1881.

259 Wis.2d 756 (2002)

2003 WI App 19

656 N.W.2d 794

CTI OF NORTHEAST WISCONSIN, LLC, Plaintiff-Appellant, v. Larry HERRELL and Kris Herrell, individually and d/b/a Concrete Technology of Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 17, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of George Burnett, Sara E. Ramaker, and Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay.

On behalf of the defendants-respondents, the cause was submitted on the brief of J. Steven Heil and Gonyo Law Office of Berlin.

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

¶ 1. HOOVER, P.J.

CTI of Northeast Wisconsin, LLC, appeals a summary judgment and order1 dismissing its case against Larry and Kristine Herrell and their company, Concrete Technology of Wisconsin (collectively, the Herrells). CTI contends that the trial court erred when, without notice to the parties, it converted the Herrells' motion to dismiss into a motion for summary judgment pursuant to WIS. STAT. § 802.06(2)(b).

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