SUKALA v. HERITAGE MUT. INS. CO.

No. 03-0173.

275 Wis.2d 469 (2004)

2004 WI App 128

685 N.W.2d 809

Dawn SUKALA and John Sukala, Plaintiffs-Appellants, v. HERITAGE MUTUAL INSURANCE COMPANY and Western National Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 17, 2004.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of D. James Weis of Habush Habush & Rottier, S.C., Rhinelander, and Virginia M. Antoine of Habush Habush & Rottier, S.C., Milwaukee. There was oral argument by D. James Weis.

On behalf of the defendant-respondent, Heritage Mutual Insurance Company, the cause was submitted on the brief of Mark A. Klinner and Michael J. Roman of Zalewski, Klinner & Kramer, LLP, Wausau. There was oral argument by Michael J. Roman.

On behalf of the defendant-respondent, Western National Mutual Insurance Company, the cause was submitted on the brief of Nadine I. Davy of Anderson, O'Brien, Bertz, Skrenes & Golla, Stevens Point. There was oral argument by Nadine I. Davy.

Before Deininger, P.J., Dykman and Higginbotham, JJ.


¶ 1. DYKMAN, J.

Dawn and John Sukala (the Sukalas) appeal from an order denying them relief under WIS. STAT. § 806.07(1)(h) (2001-02).1 They assert that the trial court erroneously exercised its discretion when it found that a change in case law did not justify opening the judgment. We agree and reverse.

FACTS

¶ 2. Because our review is limited to the trial court...

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