Bergen v. Schrodi

The defendants-respondents contend an order vacating or opening a default judgment is not a final order and, therefore, not appealable under sec. 274.33 (2), Stats.

We agree with the respondents that the order is not final and is nonappealable and that the appeal must be dismissed.

In Buckley v. Park Building Corp. (1965), 27 Wis. 2d 425, 430, 134 N. W. 2d 666, it is stated:

“An order opening or vacating a judgment and permitting further proceedings is not a final order and, accordingly, not appealable under sec. 274.33 (2), Stats., even though it affects a substantial right and is made,…