Abuse of Discretion – Division of Property

By: Derek Hawkins//August 14, 2018//

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WI Court of Appeals – District II

Case Name: Associated Bank, N.A., v. Kathryn Brogli, et al.

Case No.: 2016AP1443

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Abuse of Discretion – Division of Property

Arline A. Brogli appeals from an order adopting a referee’s recommendation for the division of property interests, asserting various procedural problems with the court’s adoption of the referee’s amended report. Because the circuit court failed to address Arline’s objection to the referee’s amended report, and adopted it without reviewing the evidence considered by the referee, the court was unable to appropriately exercise its discretion in determining whether the referee’s challenged findings of fact were clearly erroneous as required by statute. We therefore reverse and remand.

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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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