Wellens v. Kahl Insurance Agency, Inc.

This attempted appeal derives from a trial court order vacating a default judgment in a garnishment action and permitting the respondent to file a responsive pleading. Because the order contemplates further proceedings, this court questioned whether it was a final, appealable order under sec. 808.03(1), Stats., and ordered the parties to submit memoranda on the issue of whether jurisdiction over the appeal exists.

The appellant argues that the order is appealable as of right because it is the final order issued in a special proceeding. The appellant considers this a special proceeding because…