Legal Opinion · Dissent

Patricia Mudlaff v. Joseph McLeod

Wisconsin Supreme Court

Decided July 16, 2013No. 2011AP001177Published

1DissentMichael J. Gableman, J.

¶ 98. 0dissenting). There is great confusion in this area of Wisconsin law, and there has been for many years. The majority makes a valiant effort to clarify it, exhaustively and eloquently summarizing the statutory and jurisprudential developments that have brought us to the present quandary. *226Unfortunately, though, the court's ultimate resolution of the question presented codifies a legal misunderstanding that has been germinating for decades and now bursts into full bloom. Although the issue we take up here is not an easy one, it can and should be disposed of on the basis of a simple…

2Cases cited14 opinions

  1. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  2. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  3. Luther v. BordenSupreme Court of the United States · 1849
  4. State v. PettyWisconsin Supreme Court · 1996
  5. Progressive Northern Insurance Company v. RomanshekWisconsin Supreme Court · 2005

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