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IN RE MARRIAGE OF BIEL v. BIEL

No. 86-0349.

130 Wis.2d 335 (1986)

387 N.W.2d 295

IN RE the MARRIAGE OF: Penny A. BIEL, Petitioner-Respondent, v. John M. BIEL, Appellant.

Court of Appeals of Wisconsin.

Decided March 25, 1986.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the motion of Linda S. Balisle and Stolper, Koritzinsky, Brewster & Neider, S.C., of Madison.

For the petitioner-respondent the cause was submitted on the response of John S. Schlom of Juneau.

Before Gartzke, P.J., Dykman and Eich, JJ.

PER CURIAM.

John Biel appeals an order finding him in contempt of court and committing him to the county jail. The contempt was prosecuted by the family court commissioner for nonpayment of child support. The primary issue is whether the contempt proceeding was "prosecuted by the state" within the meaning of sec. 785.03(3), Stats., so that criminal, rather than civil, rules apply to the appeal. We answer the question in the affirmative.

The Rules of Appellate...

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