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ST. EX REL. SIELEN v. MILWAUKEE CIR. CT.

No. 92-0294-W.

176 Wis.2d 101 (1993)

499 N.W.2d 657

STATE of Wisconsin EX REL. Bernard K. SIELEN and Cheryl Sielen, Petitioners-Petitioners, v. CIRCUIT COURT FOR MILWAUKEE COUNTY, The Honorable David V. Jennings, Jr., Presiding, Estate of Marie Becker, Deceased, Mr. Robert Urban, Attorney for the Estate, Mr. Ralph Raasch, Special Administrator Mr. Burton A. Strnad, Attorney for Estate for Will Objection, Respondents.

Supreme Court of Wisconsin.

Decided May 19, 1993.

Attorney(s) appearing for the Case

For the petitioners-petitioners there were briefs by Jean M. Ansay and Eric E. Eberhardt and Runkel, Ansay & Eberhardt, Port Washington and oral argument by Jean M. Ansay.

For the respondent, The Honorable David V. Jennings, Jr., there was oral argument by Richard A. Perkins, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the respondent, Burton A. Strnad, there was a brief by Burton A. Strnad, Milwaukee and oral argument by Burton A. Strnad.

WILLIAM A. BABLITCH, J.

This is a review of the court of appeals' denial of a supervisory writ to compel the appropriate officials of the circuit courts for Milwaukee county to honor Bernard and Cheryl Sielens' (the Sielens') request for substitution of a judge in probate pursuant to sec. 801.58(5), Stats. The court of appeals denied the supervisory writ concluding that the Sielens' request for substitution was untimely...

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