LARRY v. HARRIS

No. 2005AP2935.

752 N.W.2d 279 (2008)

2008 WI 81

Taneceia LARRY, Plaintiff-Appellant-Petitioner, v. Derrick L. HARRIS, Defendant, Carlos Rutherford, Defendant-Respondent, ABC Insurance Corporation and Officer John Roe, Defendants.

Supreme Court of Wisconsin.

Decided July 9, 2008.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Robert J. Kasieta and Kasieta Legal Group, LLC, Madison, and A. Steven Porter and A. Steven Porter, Madison, and oral argument by A. Steven Porter.

For the defendant-respondent there was a brief by Jonathan Cermele, Rachel L. Pings, and Cermele & Associates, S.C., Milwaukee, and oral argument by Rachel L. Pings.

An amicus curiae brief was filed by Anne Berleman Kearney, Joseph D. Kearny, Milwaukee, and Thomas L. Shriner, Jr., Milwaukee, on behalf of themselves as members of the Wisconsin State Bar.


¶ 1 PATIENCE DRAKE ROGGENSACK, J.

We review a decision of the court of appeals1 affirming the circuit court's2 sua sponte vacation of a default judgment against defendant Carlos Rutherford and the circuit court's sua sponte grant of judgment in Rutherford's favor. We conclude that the circuit court did not erroneously exercise its discretion in vacating the default judgment because Wis. Stat...

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