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BERNA-MORK v. JONES

No. 91-0519.

173 Wis.2d 733 (1992)

Jennifer BERNA-MORK, and Jay Mork, Plaintiffs-Appellants, v. Jane P. JONES, and West Bend Mutual Insurance Company, Defendants, MILWAUKEE GUARDIAN INSURANCE, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 17, 1992.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Steven L. Toney of New London.

For the defendant-respondent the cause was submitted on the briefs of Maris Rushevics of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

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

SUNDBY, J.

This case presents a question as to trial practice. Specifically, if a case is tried to the court, may the court base its decision upon the affidavits submitted in support of a motion for summary judgment which it has denied. We conclude that it may not. We therefore reverse the judgment.

Jennifer Berna-Mork and her husband Jay Mork (the Morks) appeal from a January 15, 1991 judgment and order entered after a trial to the court dismissing their...

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