¶ 27. (dissenting). Taneceia Larry sued Milwaukee police officers Derrick L. Harris and Carlos Rutherford, alleging that they flouted the law and violated her rights. Only Harris answered her complaint, albeit untimely; Rutherford flouted the law by not answering at all. Indeed, he never appeared before the circuit court, and the circuit court properly entered default judgment against him. See Wis. Stat. Rulk 806.02(1) ("A default judgment may be rendered as provided in subs. (1) to (4) if no issue of law or fact has been joined and if the time for joining issue has expired. Any defendant appearing in an action shall be entitled to notice of motion for judgment."). The question, therefore, is not the propriety of the circuit court's entry of default judgment against Rutherford, but, rather, the circuit court's sua sponte vacatur of that default judgment even though Rutherford never asked for that relief, and, indeed, as noted, thumbed his nose at both the law and the circuit court by not appearing at all before the circuit court. The Majority says that it's OK.1 I respectfully dissent.
*264¶ 28. No one can dispute, and I certainly do not, the black-letter proposition that whether to grant relief under Wis. Stat. Rule 806.07(l)(h) is within the circuit court's discretion. But, other than Gittel v. Abram, 2002 WI App 113, 255 Wis. 2d 767, 649 N.W.2d 661 (where, unlike the situation here, the party benefiting from the circuit court's sua sponte modification of an order appeared in the lawsuit—2002 WI App 113, ¶ 1, 255 Wis. 2d at 773, 649 N.W.2d at 664), in all of the authorities relied upon by the Majority in upholding the circuit court's sua sponte grant of relief to Rutherford, circuit-court relief under Rule 806.07(l)(h) was requested by the party to whom the relief was given:
• Richards v. First Union Secs., Inc., 2006 WI 55, ¶ 1, 290 Wis. 2d 620, 623, 714 N.W.2d 913, 915;
• State ex rel. M.L.B. v. D.G.H., 122 Wis. 2d 536, 538, 363 N.W.2d 419, 420 (1985);
• Shanee Y. v. Ronnie J., 2004 WI App 58, ¶ 1, 271 Wis. 2d 242, 247, 677 N.W.2d 684, 686;
• Tridle ex rel. Shannon v. Horn, 2002 WI App 215, ¶ 3, 257 Wis. 2d 529, 532-533, 652 N.W.2d 418, 420, overruled on other grounds by Village of Trempealeau v. Mikrut, 2004 WI 79, ¶ 34, 273 Wis. 2d 76, 99, 681 N.W.2d 190, 201;
• Davis v. City of Elkhorn, 132 Wis. 2d 394, 397, 393 N.W.2d 95, 96 (Ct. App. 1986).
*265¶ 29. The Majority's message to those served with legal process is clear: you are free to ignore the law that says you must answer a properly served summons and complaint, Wis. Stat. Rules 801.09, 801.095, & 802.06(1), and you may win the lawsuit anyway. In my view, that is inconsistent with precedent and wrong as a matter of policy. I would reverse and remand to the circuit court for its ascertainment of damages. See Wis. Stat. Rule 806.02(2) (prove-up).
The Majority faults Taneceia Larry for the inadequacy of her brief on this appeal, yet, for reasons that elude me, gives *264imprimatur to the circuit court's reward to Carlos Rutherford even though Rutherford thumbed his nose at Larry, the law, and the circuit court by not appearing before the circuit court. In my view, Rutherford's not appearing before the circuit court, either by counsel or pro se, to defend himself is worse than the deficiencies in Larry's appellate brief, and her brief in opposition to the circuit court's grant to Rutherford of what I see as unwarranted and unprecedented relief.