2010AP2550-FT In re the finding of contempt in In re the Estate of William R. Cape

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Civil Procedure
Contempt; attorney fees

Christopher C. Cape appeals from a judgment and order finding him in contempt of court and assessing attorney fees, costs and interest. The trial court found that, despite a clear order by the court to promptly execute and deliver certain documents so that 110.806 acres of land could be partitioned, Cape continuously engaged in unwarranted delay. His appeal can aptly be described as nothing more than an attempt to retry the facts before this court. We decline to do so. Our standard of review is clear. The trial court’s findings of facts will not be overturned unless they are clearly erroneous. Noll v. Dimiceli’s Inc., 115 Wis. 2d 641, 643, 340 N.W.2d 575 (Ct. App. 1983). The findings here are not clearly erroneous. Having found the historical facts, we hold that the trial court then properly applied the facts to Wisconsin law. We affirm. This opinion will not be published.

2010AP2550-FT In re the finding of contempt in In re the Estate of William R. Cape

Dist II, Racine County, Mueller, J., Brown, C.J.

Attorneys: For Appellant: Hinkston, Mark R., Racine; For Respondent: Stuart, William Thomas, Milwaukee

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