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WURTZ v. FLEISCHMAN

No. 78-110.

97 Wis.2d 100 (1980)

293 N.W.2d 155

Paul WURTZ, Plaintiff-Respondent-Petitioner, v. L. William FLEISCHMAN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 27, 1980.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there was a brief by Godfrey, Pfeil & Neshek, S.C., of Elkhorn, and oral argument by Thomas Godfrey.

For the defendant-appellant there were briefs by Lowell E. Sweet and Sweet & Leece of Elkhorn, and oral argument by Lowell E. Sweet.

Originally reported in 89 Wis.2d 291, 278 N.W.2d 266.

HEFFERNAN, J.

The sole issue on this appeal is whether the court of appeals, in reversing the trial court, exceeded its authority as an appellate court by making factual determinations in lieu of, and in addition to, the findings made by the trial court. We conclude that the court of appeals exceeded its appellate authority; and we...

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