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PLISS v. PEPPERTREE RESORT VILLAS, INC.

No. 02-1808.

264 Wis.2d 735 (2003)

2003 WI App 102

663 N.W.2d 851

David PLISS and Lorene Phelps, Plaintiffs-Respondents, v. PEPPERTREE RESORT VILLAS, INC. and Peppertree Resorts, Ltd., Defendants-Appellants, Patti STEVENS, Defendant, James WILEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 22, 2003.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Ian A. J. Pitz, of Michael Best & Friedrich LLP, of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of De Vonna Joy of Consumer Justice Law Center, of Big Bend, Mary Catherine Fons of Fons Law Office, of Stoughton, and Judy Tomczak of Tomczak Law Office, LLC, of Madison.

An amicus curiae brief in support of the plaintiffs-respondents was filed by Stephen E. Meili and Marsha Mansfield of Madison, for Center for Publication Representation, Inc., Consumer Law Litigation Clinic.

An amicus curiae brief was filed by James E. Doyle, attorney general, and David J. Gilles, assistant attorney general, of Madison, for the Department of Justice.

An amicus curiae brief was filed by Jeffery R. Myer, for Legal Action of Wisconsin, Inc.

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

¶ 1. CURLEY, J.

Peppertree Resort Villas, Inc., Peppertree Resorts, Ltd., and James Wiley, a Peppertree employee (collectively, Peppertree), appeal from the trial court's judgment granting default judgment to David Pliss and Lorene Phelps and awarding them double damages pursuant to WIS. ADMIN. CODE ch. ATCP 121 (1968) and WIS. STAT. § 100.20(5) (2001-02), in this suit stemming from Pliss and Phelps' purchase of a time share.1

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