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CITY OF LA CROSSE v. JIRACEK COS., INC.

Nos. 81-1568, 81-2345, 82-355.

108 Wis.2d 684 (1982)

329 N.W.2d 441

CITY OF LA CROSSE, a Wisconsin municipal corporation, Plaintiff, v. JIRACEK COMPANIES, INC. (f/k/a Michael A. Jiracek Home Development, Inc.), a Wisconsin corporation, Defendant-Respondent, Norris C. ALBRECHTSON, Mavis E. Albrechtson, William C. Curti, Joan Curti, First Federal Savings & Loan Association of La Crosse, Simpson Dry Wall, Inc., a Wisconsin corporation, Defendants, Marc ARNESON, Business Management & Exchange Corp. (f/k/a Bridal Coulee Corp.), a Wisconsin corporation, Defendants-Appellants, COMMERCIAL UNION INSURANCE COMPANY, Intervening Defendant, LA CROSSE TRUST COMPANY, a Wisconsin corporation, Third-Party Defendant. CITY OF LA CROSSE, Plaintiff, v. JIRACEK COMPANIES, INC. (f/k/a Michael A. Jiracek Home Development, Inc.), Defendant and Cross-Claimant Respondent, Norris C. ALBRECHTSON, Mavis E. Albrechtson, William C. Curti, Joan Curti, First Federal Savings & Loan Association of La Crosse, Simpson Dry Wall, Inc., Defendants, Marc ARNESON, Business Management & Exchange Corp. (f/k/a Bridal Coulee Corp.), Defendants and Cross-Defendants-Appellants, COMMERCIAL UNION INSURANCE COMPANY, Intervening Defendant, LA CROSSE TRUST COMPANY, Third-Party Defendant. CITY OF LA CROSSE, Plaintiff-Respondent, v. JIRACEK COMPANIES, INC., Defendant and Cross-Claim Plaintiff-Respondent, COMMERCIAL UNION ASSURANCE COMPANIES, Intervening Defendant and Cross-Claim Defendant-Respondent, CLARK ENGINEERING Co., Pacific Employers Insurance Company, Imperial Casualty & Indemnity Company, and State Farm Mutual Insurance Company, Cross-Claim Defendants-Respondents, UNITED STATES FIDELITY & GUARANTY COMPANY, Mechanical Design, Inc., and Schneider Heating & Air Conditioning, Inc., Cross-Claim Defendants-Appellants, BUSINESS MANAGEMENT & EXCHANGE CORPORATION, et al., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 24, 1982.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the brief of Robert P. Smyth and Smyth, Sauer, Becker, Lynch & Smyth, Ltd., of La Crosse.

For the cross-claim defendants-appellants the cause was submitted on the briefs of Daniel T. Flaherty and Johns, Flaherty & Gillette, S.C. of La Crosse, William P. Skemp and Hale, Skemp, Hanson & Skemp of La Crosse, and L.E. Sheehan and Moen, Sheehan, Meyer & Henke, Ltd. of La Crosse.

For the respondent, Jiracek Companies, Inc., the cause was submitted on the brief of Stephen T. Jacobs and Dennis P. Reis and Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., of Milwaukee.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

GARTZKE, P.J.

The issues in these three appeals involve the propriety of a summary judgment rendered before the pleadings are complete, the rights of owners of adjoining buildings sharing a party wall, and the effect of a request for substitution of judge filed by parties joined four months after the action was commenced. We conclude that the trial court erred in denying the request for substitution. We vacate the orders entered after that request was filed and affirm...

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