Steven H. Hoyme v. Janice S. Brakken
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2004 WI 26 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 02-1790 Steven H. Hoyme, Petitioner-Respondent, v. Janice S. Brakken, Respondent-Appellant-Petitioner. REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 266 Wis. 2d 1060, 668 N.W.2d 562 (Ct. App. 2003-Unpublished) OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: March 10, 2004 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Marinette David G. Miron JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: SYKES, J., did not participate. March 25, 2004 ATTORNEYS: For the respondent-appellant-petitioner there were briefs by Donald R. Fraker and Fraker Law Firm, S.C., Mequon, and oral argument by Donald R. Fraker. For the petitioner-respondent there was a brief by Janis M. Burgess and Wesley W. Hoffman & Associates, P.C., Menominee, MI, and oral argument by Janis M. Burgess. 2004 WI 26 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 02-1790 (L.C. No. 00 CV 205) STATE OF WISCONSIN : IN SUPREME COURT Steven H. Hoyme, FILED Petitioner-Respondent, MAR 25, 2004 v. Janice S. Brakken, Cornelia G. Clark Clerk of Supreme Court Respondent-Appellant-Petitioner. REVIEW of a decision of the Court of Appeals. ¶1 PER CURIAM. Affirmed. The court is equally divided on the question of whether the decision of the court of appeals, Hoyme v. Brakken, No. 02-1790, unpublished slip op. (Wis. Ct. App. July 22, 2003), should be affirmed or reversed. Justice JON P. WILCOX, Justice N. PATRICK CROOKS, and Justice DAVID T. PROSSER would affirm; Chief Justice SHIRLEY S. ABRAHAMSON, Justice ANN WALSH BRADLEY, and Justice PATIENCE D. ROGGENSACK would reverse. Justice DIANE S. SYKES did not participate. ¶2 affirmed. Accordingly, the decision of the court of appeals is No. 2 No. 1
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