COUNTY vs. Debi L. Fuller-Slowey
Case # 2014FO000446
On 2-09-2015, we requested from the clerk of courts a copy of the summons and complaint that is filed into court records. To our amazement, the summons and complaint has no complainant's signature.
Yes folks, the uniform summons and complaint used to prosecute Debi L. Fuller-Slowey in court is unsigned and not dated as to when the complaint was issued.
From the Wisconsin Defense Counsel:
Authenticated Unsigned Copy of Summons Sufficient
By Luke Kingree, Peterson Johnson & Murray, Madison
Feb 17, 2012 The plaintiffs’ attorney filed a signed copy of a summons and complaint with the circuit court to commence the action, and at the same time had several unsigned copies of the summons and complaint authenticated by the circuit court. One of those unsigned copies was then served upon the defendant. The defendant moved for dismissal, arguing that service of an unsigned, but authenticated, summons and complaint was a fundamental defect that deprived the circuit court of jurisdiction. The plaintiffs asserted that the defect was merely technical, as a signed copy had been filed with the court and the unsigned authenticated copy served upon the defendant gave the defendant appropriate notice of the claim. The circuit court denied the defendant’s motion, and the defendant sought an interlocutory appeal with the court of appeals.
The court of appeals affirmed, holding that service of an unsigned authenticated copy of the summons and complaint upon the defendant is valid service, if the copy of the summons and complaint on file with the court is signed. The court noted that the purpose of authentication - to notify a defendant that a real lawsuit is pending against it - is satisfied in such a situation.
Mahoney v. Menard, Inc., 2011 WI App 128 (2010AP1637) Court of Appeals opinion
The court records we received from the clerk of courts does not bear a signature of a complainant.
According to the above Wisconsin Defense Counsel article;
The Racine County Circuit Court lacks jurisdiction without a signature, yet Racine County Circuit Court Judge Wayne Marik held trial.
The rule of law is indeed dead in Racine County.
This case continues to become more bizarre every day we investigate.