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MARRIAGE OF PETTYGROVE v. PETTYGROVE

No. 85-0414.

132 Wis.2d 456 (1986)

393 N.W.2d 116

IN RE the MARRIAGE OF: John L. PETTYGROVE, by his guardian, Pauline Scholl, Petitioner-Appellant, v. Marlene PETTYGROVE, Respondent.

Court of Appeals of Wisconsin.

Decided July 22, 1986.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Alex B. Cameron, of La Crosse.

For the respondent the cause was submitted on the briefs of Johns & Flaherty, S.C., by Ellen M. Frantz, of La Crosse.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

WEDEMEYER, J.

John L. Pettygrove (John), by his guardian Pauline Scholl (Pauline), appeals from a trial court order vacating an oral judgment of divorce that had been rendered approximately one hour after John's death. Because a nonadjudicated divorce action does not survive the death of one of the parties, we affirm.

The facts are uncontroverted. John and Marlene Pettygrove were married in October, 1982. In January, 1984, John commenced this divorce action...

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