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01-1947-FT In Re the Marriage of: Muchow v. Muchow

Laurie Muchow appeals the judgment divorcing her from Michel Muchow. The issue is whether the trial court properly valued Michel’s pension for purposes of dividing the marital property. We affirm the trial court’s valuation as a proper exercise of its discretion. This opinion will not be published. Dist IV, Rock County, Roethe, J., Per Curiam Attorneys: For Appellant: Harry C. ...

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01-1763-CR State v. Baskin

Scott Baskin appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence based upon a lack of reasonable suspicion to stop him for a traffic violation. We disagree and affirm the judgment. This opinion will not be ...

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01-1440 Vargas-Harrison v. Racine Unified School District, et al.

“As principal, Ms. Vargas-Harrison served as the highest ranking school official at Knapp Elementary. In this position, she exercised discretion over the organizational structure of her school. She assisted in the selection, supervision and evaluation of the faculty at Knapp. The responsibility for leading the development of curriculum and instruction fell to her. These duties, in themselves, are far from ...

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01-0028 In Re the Marriage of: Buzzell v. Buzzell

Karen Buzzell appeals the property division awarded in a judgment divorcing her from James Buzzell. Karen claims the trial court erred in awarding James the entire value of his 401(k) plan, instead of dividing the increase in the plan’s value during the marriage equally between the parties. She also cites as error the trial court’s awarding each of the parties ...

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01-1350-FT In the Matter of the Refusal of Ryan M. Horneck: State v. Horneck

Ryan Horneck appeals from the circuit court’s order revoking his driving privileges for refusing to submit to a chemical test requested pursuant to Wisconsin’s Implied Consent Law, Wis. Stat. sec. 343.305. At the refusal hearing, Horneck contended, as he does now on appeal, that the arresting officer lacked the authority under the Fourth Amendment to enter his garage to investigate ...

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01-2410 Kinney v. Federal Security, Inc.

“We agree with Kinney that the district court’s judgment should be vacated and the case dismissed because the appeal is moot. See Barbour, 583 F.2d at 337. However, the mootness of the appeal and the vacatur of the district court’s judgment does not preclude the district court’s consideration of Federal Security’s request for fees. See Young v. City of Chicago, ...

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01-0122 Patenaude v. Safeco Insurance Company of America

Don Patenaude appeals a summary judgment dismissing his breach of contract and bad faith claims against Safeco Insurance Company of America. We conclude that Patenaude failed as a matter of law to comply with the terms of his insurance policy by refusing to submit to examinations under oath. We affirm the judgment. Not recommended for publication in the official reports. ...

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01-1674-CR State v. Caldwell

Danny R. Caldwell appeals from an amended judgment of conviction imposing an added period of confinement as a condition of probation. Caldwell contends that the trial court’s modification of the judgment violated his due process rights as set out in State v. Hays, 173 Wis.2d 439, 496 N.W.2d 645 (Ct. App. 1992). We disagree. We affirm the amended judgment. This ...

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00-1891 Miller Aviation v. Milwaukee County Board of Supervisors, et al.

“Wis. Stat. sec. 114.14 provides that ‘[t]he governing body of a city, village, town or county may adopt regulations, and establish fees or charges for the use of [an] airport or landing field . . . .’ Miller alleges that the County violated sec. 114.14 by ‘charging [it] unreasonable rental fees.’ There is nothing in the text of sec. 114.14, ...

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01-1316-FT Capitol Indemnity Corporation v. Nolan, et al.

Western Surety Company appeals a summary judgment ordering Western to pay $13,200 for contribution to Capitol Indemnity Corporation. Western argues that: (1) the terms of its indemnity bond between Western and its principal were not met; (2) Capitol and Western are not liable for the same obligation; and (3) Capitol did not pay more than its fair share. We disagree ...

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00-3384 State v. Kazee

Terry Kazee appeals from an order denying his “motion for relief from judgment and order.” He contends that the trial court improperly construed his attempt to have a sentence following revocation declared illegal as a petition for a writ of certiorari rather than as a petition for a writ of habeas corpus. We conclude that Kazee’s motion was properly dismissed ...

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00-2694 U.S. v. Reed

“Reed contends that his lies were immaterial because Officer Carpenter knew he was lying, and consequently, his lies had no effect on the government’s investigation. Reed relies on a Sixth Circuit case in which the court concluded that a defendant’s lies during interrogation did not constitute a ‘substantial material breach’ of a transactional immunity agreement. United States v. Fitch, 964 ...

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00-3008 Kopke, et al. v. A. Hartrodt S.R.L., et al.

Cartiere Binda in Liquidazione S.p.A. (Binda), an Italian paper manufacturer, appeals a judgment dismissing its third-party complaint against its insurer, Riunione Adriatica Di Sicurta S.p.A. (RAS). Binda argues that the circuit court erroneously determined that it had no personal jurisdiction over RAS. Although we employ a different rationale from that of the circuit court, we affirm the judgment of dismissal. ...

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01-1338; In the Matter of Disciplinary Proceedings Against James H. Dumke, Attorney at Law

“The OLR complaint against Attorney Dumke alleged, and the referee so found, that after undertaking to represent a client in a specialized area of law with which he was unfamiliar and inexperienced, Attorney Dumke had failed to gain the requisite knowledge, do the necessary preparation, or seek appropriate assistance to enable him to provide adequate representation in the matter. Accordingly, ...

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01-1607-FT Endl v. School District of Beloit

Kelly Endl appeals the trial court’s judgment dismissing her claim against the School District of Beloit. Endl argues: (1) that the School District breached its voluntary agreement to settle her federal discrimination claim; (2) that the School District violated the principles of equity when it denied her claim for medical coverage; and (3) that the trial court improperly granted judgment ...

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01-0412 Wistrom v. Employers Insurance of Wausau, et al.

Gary Wistrom appeals a summary judgment dismissing his claims for wrongful disclosure of medical records against Employers Insurance of Wausau and its employee, Margery Derby. We conclude that, under Wis. Stat. sec. 102.13(2)(a), an employee waives the physician-patient privilege with regard to any condition reasonably related to the condition for which the employee claims worker’s compensation. We affirm the summary ...

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99-3328-CR State v. Oakley

“Even though the motion for reconsideration is denied, we find it appropriate now to withdraw the following language from the third sentence in paragraph 3, ‘-where one of the victims was his own child’, and the following language from the third sentence in paragraph 14: ‘his own child and’. Justice William A. Bablitch withdraws the sixth sentence in paragraph 33 ...

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01-0296 State ex rel. Machotka v. Bartlett

Marsha Machotka appeals from an order denying her motion to establish a past child support obligation against William Bartlett. Bartlett argues that Machotka’s motion is barred by Wis. Stat. sec. 767.32 (1997-98) and claim preclusion. We agree that Machotka has not shown she has met the requirements of sec. 767.32 and therefore affirm. Not recommended for publication in the official ...

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00-2946 U.S. v. Gracia

“Although not applicable to the 1998 guidelines used in Gracia’s case, we note that as of Nov. 1, 2000, the Sentencing Commission amended the Statutory Index (Appendix A), specifying which guideline section applies to the statutory conviction. The Commission wrote: ‘The amendment modifies secs. 1B1.1(a), 1B1.2(a), and the Statutory Index’s introductory commentary to clarify the inter-relationship among these provisions. The ...

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01-1005 In Re the Paternity of Hunter A.T.S.: Michael J.M. v. Sheila M.S.

Sheila M.S. appeals the circuit court’s determination of child support, which was entered subsequent to a judgment of paternity finding that Michael J.M. was the father of Sheila’s child. Sheila contends that the circuit court improperly relied on a stipulation regarding Michael’s income when setting child support. Because the parties’ stipulation had been incorporated into a court order for child ...

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00-2190 Jonas Builders Inc. v. United States Fidelity & Guaranty Company, Milwaukee County, Miller, J., Dykman, J.

United States Fidelity & Guaranty Company appeals from a judgment of $996,417 plus prejudgment interest and double costs in favor of its insured, Jonas Builders, Inc., and from an order denying its postverdict motions. USF&G challenges the jury’s findings that Jonas Builders’ claim involved one “occurrence” within the meaning of the insurance policy, that Jonas Builders did not fail to ...

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01-1793-FT A La Mode Distributors v. Westfield Insurance Company

A La Mode Distributors appeals from the circuit court’s judgment in favor of Westfield Insurance Company. The issue is whether the circuit court properly concluded that the policy issued by Westfield did not provide coverage to A La Mode for damage to its truck. Pursuant to our order of July 31, 2001, this case was placed on the expedited appeal ...

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01-1281, 01-1282, 01-1283 In the Interest of Wesley H. Jr, Brittany H., Wendy H: State v. Wesley H.

Wesley H. (Wesley), appeals from the circuit court dispositional order, following a trial in which the jury found, among other things, that Wesley’s children, Wesley Jr., Brittany, and Wendy, were “at substantial risk of becoming the victim[s] of abuse,” and that Wesley did “neglect, refuse or was … unable for reasons other than poverty to provide the necessary care, food, ...

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01-0969 Third World LLC v. Wiese

Robert and Lana Wiese appeal from a judgment ordering them to convey land to Third World, LLC. The trial court granted summary judgment in favor of Third World after it sued the Wieses for the specific performance of a land sale agreement. The Wieses argue that the trial court erred when it granted summary judgment because material facts are in ...

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00-3046 Walker v. O'Brien

Aubrey and Irma Walker appeal from a judgment, following a jury trial, awarding them damages but not attorney’s fees. The Walkers argue that the trial court was incorrect in ruling that Wis. Stat. sec. 100.18 (1999-2000) does not apply to a private transaction and, therefore, that the trial court should have awarded attorney’s fees pursuant to sec. 100.18, as the ...

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00-0361 Schultz v. Natwick, M.D.

“The parties here agree that Neiman [v. American National Prop. & Cas. Co., 2000 WI 83] does not expressly state whether the court was addressing a ‘facial’ or an ‘as applied’ challenge to retroactive application of the increased damages cap. However, for several reasons, we conclude that Neiman involved a facial challenge to the statute. “First, we conclude that Neiman ...

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00-3077 Riester v. Schleicher, et al.

Arnold and Diane Schleicher appeal a judgment granting Jeffrey and Jone Riester specific performance on an option to purchase real estate. The trial court separated this action from the Schleicher’s third party misrepresentation action against the real estate agent who arranged the transaction. The Schleichers argue that: (1) the trial court should have conducted a single jury trial on all ...

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01-0623 Estate of Robert Wagoner et al. v. City of Milwaukee

“Under Walker, municipalities do not have a duty to cut roadside vegetation. Walker does not distinguish between municipalities that are negligent because they have not cut roadside vegetation at all and municipalities that cut roadside vegetation, but do so negligently. Rather, the immunity in Walker is all- inclusive because it precludes courts from even reaching the duty issue. …Significantly, Walker ...

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00-2440 Steil v. Wisconsin Department of Health and Family Services

Martha Steil appeals from an order affirming a decision of the Division of Hearings and Appeals that denied her application for institutional medical assistance. Steil argues that she complied with the requirements for eligibility under Wis. Stat. sec. 49.453 (1997-98), and she is therefore entitled to receive medical assistance for nursing facility services. We disagree and affirm. Not recommended for ...

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