Estate – Motion for Recusal Denied

By: Derek Hawkins//October 13, 2020//

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WI Court of Appeals – District III

Case Name: Richard A. Lauer v. Dennis Lauer, et al.,

Case No.: 2018AP1672

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

Focus: Estate – Motion for Recusal Denied

Richard Lauer, pro se, challenges those parts of an order that denied a petition to remove his brother, Dennis Lauer, as personal representative of their mother’s estate, and denied a motion for recusal of the judge. As best as we can decipher, Richard argues that: (1) the circuit court erred by denying his petition without a hearing, contrary to WIS. STAT. § 857.15 (2017-18) ; (2) the failure to “follow the mandates” of § 857.15 “resulted in a summary judgment”; and (3) denial of the petition is proof of the judge’s partiality, thus requiring recusal. We reject Richard’s arguments and affirm the order.

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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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