Abuse of Discretion Default Judgment.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Frank T. Whitehead v. Indianhead Food Distribution, et al.,

Case No.: 2019AP1368

Officials: KLOPPENBURG, J.

Focus: Abuse of Discretion Default Judgment

Frank T. Whitehead moved the circuit court for default judgment against Indianhead Food Distribution and Corbet Petersen. Whitehead argued that he was entitled to default judgment in his favor because Indianhead and Petersen failed to file their answer to his small claims summons and complaint by the time of the original return date, and the court commissioner erroneously adjourned the return date to two weeks later. The circuit court denied Whitehead's motions and subsequently dismissed the case after a trial to the court. On appeal, Whitehead challenges the court commissioner's adjournment of the return date and the circuit court's...