(Download) "American Family Mutual Insurance Co. V. Warden" by State of Wisconsin in Court of Appeals District I ~ eBook PDF Kindle ePub Free
eBook details
- Title: American Family Mutual Insurance Co. V. Warden
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 10, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
¶1 American Family Mutual Insurance Company (American Family) appeals an order reopening a small claims default judgment and dismissing its action, which emanated out of an automobile accident. The default judgment was entered in June 1997. American Family contends that the trial court erroneously exercised its discretion when it granted Anthony Warden's motion to reopen the judgment and dismiss the action after Warden showed the court proof that he was incarcerated in Illinois at the time of the accident.*fn2 Because the service by publication on Warden was defective, the original trial court had no personal jurisdiction and the judgment is void. Thus, this court affirms the trial court's ruling, albeit on other grounds. See State v. Holt, 128 Wis. 2d 110, 124-25, 382 N.W.2d 679 (Ct. App. 1985) (We may affirm a trial court's decision on other grounds even if we do not agree with its reasoning.).
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