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STUART v. STUART

No. 86-1473.

140 Wis.2d 455 (1987)

410 N.W.2d 632

Joy Lee STUART, Plaintiff-Appellant, v. Ronald T. STUART, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 16, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant, there were briefs submitted by Michael J. Kirschling and Lila M. Hambleton and oral argument by Lila M. Hambleton of Doar, Drill & Skow, S.C. of New Richmond.

For the defendent-respondent, there were briefs and oral argument by Scott W. Clark of Clark & Clark of Ashland.

For the Wisconsin Academy of Trial Lawyers, there was a brief amicus curiae submitted by James P. Gerlach of LaRowe, Gerlach, Chiquoine & Kahler, S.C. of Reedsburg.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Joy Stuart appeals a judgment dismissing her tort action against her former husband, Ronald Stuart, and awarding him attorney's fees and costs pursuant to the frivolous action statute, sec. 814.025, Stats. She argues that the trial court erroneously concluded that her tort action was barred under the doctrines of res judicata, equitable estoppel, and waiver. She also argues that the trial court erroneously concluded...

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