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Family – divorce — voluntary dismissal

Wisconsin Court of Appeals


Family – divorce — voluntary dismissal

Andrew Kittelson appeals an order dismissing Patricia Kittelson’s petition for divorce. Andrew argues the circuit court erroneously exercised its discretion by: (1) granting Patricia’s motion for voluntary dismissal without considering the factors set forth in Clark v. Mudge, 229 Wis. 2d 44, 599 N.W.2d 67 (Ct. App. 1999); and (2) failing to address his guardian’s motion for leave to file a counterclaim. We agree. We therefore reverse the court’s order and remand for the court to apply the Clark factors and consider the guardian’s motion. This opinion will not be published.

2011AP2433 In re the marriage of: Kittelson v. Kittelson

Dist III, Trempealeau County, Damon, J., Per Curiam

Attorneys: For Appellant: Feltes, Charles V., Osseo; For Respondent: Skemp, Joseph J., Jr., La Crosse; Burgos, Kara M., La Crosse

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