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01-0676 Greene v. Greene, et al.

By: dmc-admin//October 29, 2001//

01-0676 Greene v. Greene, et al.

By: dmc-admin//October 29, 2001//

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Richard Greene appeals from a circuit court order dismissing his complaint against Allan S. Greene on grounds of claim preclusion. We affirm the circuit court’s ruling on a narrower ground.

We hold that the circuit court properly exercised its discretion to decline jurisdiction in this case because Richard was concurrently seeking relief from the prior judgment of dismissal in that forum. State ex rel. Bohren v. Circuit Court for Milwaukee County, 192 Wis.2d 407, 532 N.W.2d 135 (Ct. App. 1995).

Not recommended for publication in the official reports.

Dist II, Waukesha County, Davis, J., Nettesheim, J.

Attorneys:

For Appellant: Joseph J. Kroening, Menomonee Falls

For Respondent: Shephen M. Needham, Milwaukee

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