Thank you, Ron.
Fist of all, do understand that only one court
can actually have this matter heard, in one case, if the issues all arise from the same matter. So at this time, you are in a situation where each court has a case open on the same thing.can judge dismiss my cross claim in wis just because it was filed by my attorney in florida before it actually is considered
No. Wisconsin technically has jurisdiction over the matter if the vehicle was in Wisconsin and this is where the matter happened. Under Wis. Stat. § 801.05(4)
, Wisconsin holds jurisdiction if:(a) Solicitation or service activities were carried on within this state by or on behalf of the
(b) Products, materials or things processed, serviced or manufactured by the defendant were
used or consumed within this state in the ordinary course of trade.
However, like I stated, only one Court can actually hear all the matters - you cannot have two. So we know that Wisconsin has jurisdiction over the vehicle matter, but so may Florida. If either party lives in Florida and/or part of the claims/counter-claims come from Florida, then both states have jurisdiction.
In that case, it would be whichever Court received the matter first
, typically, would be the one that keeps it, and the other state would dismiss.
I hope this helps and clarifies. Good luck.
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