Bendimez v. Neidermire
Court of Appeals of Wisconsin
1Opinion of the CourtHoover, J.
Allen and Cecelia Neidermire and General Casualty Company of Wisconsin appeal an order denying their motion for summary judgment. The appellants claim the trial court erred by con- eluding that service on Wisconsin defendants by an out-of-state process server constitutes a technical rather than a fundamental defect. We conclude that such service is fundamentally defective and thus deprives the court of personal jurisdiction. We therefore reverse the trial court's order and remand for entry of judgment of dismissal.
Ruth Bendimez sustained serious injuries when she lost her footing allegedly…
2Cases cited10 opinions
- In RE MARRIAGE OF COOK v. CookWisconsin Supreme Court · 1997
- M & I First National Bank v. Episcopal Homes Management, Inc.Court of Appeals of Wisconsin · 1995
- American Family Mutual Insurance v. Royal Insurance Co. of AmericaWisconsin Supreme Court · 1992
- Danielson v. Brody Seating Co.Wisconsin Supreme Court · 1976
- 519 CORP. v. Department of TransportationWisconsin Supreme Court · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schaefer v. RiegelmanWisconsin Supreme Court · 2002
- Mared Industries, Inc. v. MansfieldWisconsin Supreme Court · 2005
- Useni v. BoudronCourt of Appeals of Wisconsin · 2003
- Bartels v. Rural Mutual InsuranceCourt of Appeals of Wisconsin · 2004
- Varda v. General Motors Corp.Court of Appeals of Wisconsin · 2001
4 more not listed; retrieve them via the Exa API.