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LOPPNOW v. BIELIK

No. 2009AP747.

783 N.W.2d 450 (2010)

2010 WI App 66

Kalvin LOPPNOW, Plaintiff-Appellant, United Healthcare Insurance Company, Involuntary-Plaintiff, v. Steven BIELIK, Defendant-Respondent, James R. Swan, Paul R. Kittel, Adler Lentz, Benjamin P. Feutz, Stephen K. Musto, ABC Insurance Company, DEF Insurance Company, GHI Insurance Company, JKL Insurance Company, MNO Insurance Company and PQR Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed April 7, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Howard S. Sicula and Thomas W. Kyle of Pitman, Kyle & Sicula, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Lance S. Grady and Daniel K. Miller of Grady, Hayes & Neary, LLC, Waukesha.

Before BROWN, C.J., NEUBAUER, P.J., and SNYDER J.

¶ 1 NEUBAUER, P.J.

Kalvin Loppnow appeals from a summary judgment in favor of Steven Bielik. The trial court found that Loppnow failed to exercise reasonable diligence pursuant to WIS. STAT. § 801.11(1)(c) (2007-08)1 in his attempts to serve process on Bielik in the state of Florida. The trial court ordered Loppnow's action against Bielik dismissed with prejudice. We conclude that the trial court erred in its determination. The...

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