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Abuse of Discretion – Expert Witness

By: Derek Hawkins//July 10, 2018//

Abuse of Discretion – Expert Witness

By: Derek Hawkins//July 10, 2018//

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WI Court of Appeals – District IV

Case Name: D.H. v. N.K.E.

Case No.: 2017AP1282; 2017AP1289; 2017AP1309

Officials: Lundsten, P.J., Sherman, and Blanchard, JJ.

Focus: Abuse of Discretion – Expert Witness

Two guardianship cases and a divorce case have been consolidated for this appeal. The maternal grandmother of two children appeals a circuit court order terminating her guardianships of the children and awarding sole custody and primary physical placement to the children’s father.  The grandmother makes the following challenges to circuit court decisions on appeal (or, as to some, that she would make if the challenges were properly framed): (1) the court erroneously exercised its discretion by denying the grandmother’s motion to dismiss the father’s petitions to terminate the grandmother’s guardianships as a sanction for pre-trial discovery violations by the father, or by failing to take other steps in response to the discovery violations; (2) the court erroneously exercised its discretion by allowing the father’s expert witnesses to testify by telephone; (3) the court erred in allegedly failing to enforce foreign protection orders, issued by a Washington state court; (4) the court erred in concluding that a social worker was qualified to testify as an expert witness; (5) the court erroneously exercised its discretion in terminating the guardianships; (6) the court was not impartial; and (7) the court relied on erroneous factual findings or made an erroneous discretionary determination in deciding that there were not “other compelling reasons” to continue the grandmother’s guardianships. We affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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