COCONATE v. SCHWANZ

No. 91-1105-FT.

165 Wis.2d 226 (1991)

477 N.W.2d 74

Gabriel COCONATE, Plaintiff-Appellant, v. James E. SCHWANZ, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 22, 1991.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William E. Ray, Jr. of William E. Ray, Jr., S.C., Minocqua.

On behalf of the defendant-respondent, the cause was submitted on the brief of Debra Hayes Colcord, Wausau.

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


MYSE, J.

Gabriel Coconate appeals a summary judgment dismissing his claim against James Schwanz, the maker of a $4,000 note payable to Coconate.1 Coconate alleges that the trial court erred by concluding that Coconate's failure to list the note as an asset during his divorce proceeding bars collection of the note under the doctrines of collateral estoppel and judicial estoppel. We conclude that...

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