![]() Over the Hansons’ objection, the circuit court granted the motion and resumed the previously dismissed foreclosure action at the point where the parties had left off prior to dismissal. First National filed a motion in the circuit court, asking to reopen the foreclosure suit. §805.04 (governing dismissals).Once the bankruptcy proceedings ended, First National sought to continue with the foreclosure. After First National learned of the Hansons’ bankruptcy petition, the bank asked the circuit court to dismiss the foreclosure action “without prejudice.” See Wis. ![]() The bankruptcy proceeding necessarily stalled any other civil proceedings, including the foreclosure action, against the Hansons. While the foreclosure action was pending, the Hansons petitioned for personal bankruptcy. In this case, First National Bank of America filed a foreclosure action against David and Diana Hanson in circuit court. ![]() While judges should construe the Rules to “secure just, speedy, and inexpensive determination” in litigation, the Rules apply to and govern procedure and practice in all civil proceedings. A recent Wisconsin Court of Appeals seems to suggest that circuit courts have broad latitude in complying with the Wisconsin Rules of Civil Procedure.
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