Zeis v. Fruehauf Corp.

The trial court’s order for dismissal came more than five years after the action was commenced by the service of the summons and complaint. Sec. 269.25, Stats., provides that:

“Dismissal for delay. The court may with notice dismiss any action or proceeding which is not brought to trial within 4 years after its commencement.”

Sec. 270.54, Stats., also confers dismissal power upon trial courts. That statute provides in part:

“The court may also dismiss the complaint, with costs, in favor of one or more defendants in case of unreasonable neglect on the part of the plaintiff to serve the summons on…