Brunton v. NUVELL CREDIT CORP.

¶ 74. (concurring in part, dissenting in part). I join the majority opinion's definition of "waiver" as used in Wis. Stat. § 421.401(2), which includes waiver by conduct. However, I dissent because I would find that Nuvell's actions in this case did constitute waiver by conduct.

¶ 75. Under § 421.401(2), a circuit court must dismiss an improperly venued action "unless the defendant appears and waives the improper venue." The majority opinion rightly concludes that waiver in this statute is "the intentional relinquishment of a known right." Majority op., ¶ 37. This requires that the defendant…