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[Download] "Donald L. Schwochert v. American Family" by Supreme Court of Wisconsin # Book PDF Kindle ePub Free

Donald L. Schwochert v. American Family

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eBook details

  • Title: Donald L. Schwochert v. American Family
  • Author : Supreme Court of Wisconsin
  • Release Date : January 12, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

This is a review of a published opinion of the court of appeals 1 which affirmed an order of the circuit court for Columbia County, Honorable Lewis Charles, Judge, denying the Schwocherts' motion under sec. 806.07, Stats. 1989-90 2 to vacate a judgment entered by the circuit court pursuant to this court's mandate in Schwochert v. American Family Ins., 139 Wis. 2d 335, 407 N.W.2d 525 (1987) (Schwochert I). "On appeal from an order denying a motion for relief from a judgment, the circuit court's decision will not be reversed unless there has been a clear abuse of discretion." Shuput v. Lauer, 109 Wis. 2d 164, 177, 325 N.W.2d 321 (1982). "This court is required to uphold a discretionary decision of the trial court if we can conclude ab initio that proper factors support the trial court's decision." Mullen v. Coolong, 153 Wis. 2d 401, 406, 451 N.W.2d 412 (1989) (Mullen II). We conclude that the circuit court did not erroneously exercise its discretion 3 when it denied the Schwocherts' motion and therefore affirm the court of appeals.


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