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IN MATTER OF CIVIL CONTEMPT OF KROLL

No. 80-064.

101 Wis.2d 296 (1981)

304 N.W.2d 175

IN the MATTER OF the CIVIL CONTEMPT OF Donald KROLL: BARTELL v. BARTELL; Donald KROLL, Appellant, v. Susan Lynch BARTELL, Respondent.

Court of Appeals of Wisconsin.

Decided February 24, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Stephen M. Glynn and Waring R. Fincke of Shellow & Shellow of Milwaukee. Oral argument by Stephen M. Glynn.

For the respondent the cause was submitted on the brief of D. Michael Guerin of Gimbel, Gimbel and Reilly of Milwaukee. Oral argument by D. Michael Guerin.

Before Voss, P.J., Brown and Scott, JJ.

BROWN, J.

This is an appeal from an order holding Donald Kroll in civil contempt. Because Kroll timely filed a request for substitution of judge pursuant to sec. 801.58(1), Stats., the trial judge had no jurisdiction to hear the contempt proceeding, except to determine if the request was correct as to form and timely filed. We therefore vacate the order and remand the case with directions.

Initially, the trial judge was hearing a divorce matter involving Susan...

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