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KUSTELSKI v. TAYLOR

No. 02-2786.

266 Wis.2d 940 (2003)

2003 WI App 194

669 N.W.2d 780

Donald R. KUSTELSKI, Plaintiff-Appellant, v. Robin L. TAYLOR and Liberty Mutual Insurance Co., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 5, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Shawn M. Govern of Petrie & Stocking, S.C., of Milwaukee. There was oral argument by Shawn M. Govern.

On behalf of the defendants-respondents, the cause was submitted on the joint brief of Thomas A. Cabush of Kasdorf, Lewis & Swietlik, S.C., of Milwaukee, on behalf of Robin L. Taylor, and Kirk Van Buskirk, of Law Offices of Stilp & Cotton, of Milwaukee, on behalf of Liberty Mutual Insurance Co. There was oral argument by Thomas A. Cabush.

Before Wedemeyer, P.J., Schudson and Curley, JJ.

¶ 1. SCHUDSON, J.

Donald R. Kustelski appeals from the circuit court judgment granting partial summary judgment to Robin L. Taylor and her insurer, Liberty Mutual Insurance Co. (collectively, "Taylor"), and dismissing his claims for negligence and abuse of process.1 Kustelski argues that: (1) the court erroneously exercised discretion in even entertaining Taylor's motion for partial summary judgment because Taylor failed to serve...

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