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Divorce – Remedial Sanction

By: Derek Hawkins//May 18, 2020//

Divorce – Remedial Sanction

By: Derek Hawkins//May 18, 2020//

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WI Court of Appeals – District III

Case Name: Mark Emmett Gilbert v. Theresa Noelle Gilbert

Case No.: 2018AP2312

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Divorce – Remedial Sanction

Mark Gilbert appeals a postdivorce order requiring him to pay $28,117.63 to his former spouse, Theresa Gilbert.  The circuit court ordered the payment be made to Theresa in her role as trustee for a constructive trust the court had previously imposed, as a remedial sanction, on Mark’s real estate after finding him in contempt. Mark argues, for several reasons, that the court erred in ordering the payment. We reject Mark’s arguments and affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.


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