State ex rel. M. v. Catalano

This is an appeal from an order granting a new trial in a paternity action. The plaintiff-appellant, Ms. M. (hereinafter plaintiff) alleged that the defendant-respondent, Robert Catalano (hereinafter defendant) was the father of her child. The jury returned a verdict that the defendant was the father. The defendant moved for a new trial and the trial judge granted the motion. The plaintiff appealed from the court’s order granting the new trial.

The issues in this case are as follows:

1. Was the order granting the new trial jurisdiction-ally valid under sec. 270.49 (1), Stats. (1973) ?

2. Should…