Latham v. Casey & King Corp
In Latham v. Casey & King Corp., 23 Wis. 2d 311, 317, 127 N.W.2d 225 (1964), the Wisconsin Supreme Court commented that if court rules provide for dismissal or if the notice for a pretrial conference gives fair warning of that possibility, and the complaint is dismissed without a hearing, an "escape hatch" is available under the statute governing relief from judgment.
Although the appellant filed for relief from judgment and the motion was denied, the appeal in that matter arose from the judgment dismissing the complaint and the court declined to pass on the merits of the motion. See id.
The question whether a plaintiff is required to file a motion for relief from judgment prior to appealing a dismissal order was not addressed.