ALLIANCE LAUNDRY SYSTEMS LLC v. Stroh Die Casting Co.

¶ 1. Wisconsin Stat. § 802.06(2)(b) (2005-06) 1 allows the circuit court to convert a defendant's motion to dismiss for failure to state a claim into a summary judgment motion. Here, the circuit court did convert the motion into a summary judgment motion even though the defendant, Stroh Die Casting Co., Inc., had not filed an answer. The plaintiff, Alliance Laundry Systems LLC, claims that such conversion ran afoul of Wis. Stat. § 802.08, which requires that the pleadings be complete before a court can review a summary judgment motion. City of LaCrosse v. Jiracek Cos., Inc., 108 Wis. 2d 684,…