CTI OF NORTHEAST WISCONSIN, LLC v. Herrell

HOOVER, PJ.

¶ 1. CTI of Northeast Wisconsin, LLC, appeals a summary judgment and order 1 dismissing its case against Larry and Kristine Herrell and their company, Concrete Technology of Wisconsin (collectively, the Herrells). CTI contends that the trial court erred when, without notice to the parties, it converted the Herrells' motion to dismiss into a motion for summary judgment pursuant to Wis. Stat. § 802.06(2)(b). 2 We agree with CTI that the statute requires notice of conversion and an opportunity to present countervailing evidence. Because CTI received neither, we reverse the summary…