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PAIGE K. B. v. MOLEPSKE

No. 96-2620.

219 Wis.2d 418 (1998)

580 N.W.2d 289

PAIGE K. B. and Kaitlin I. B., minors by their Guardian ad Litem, Mark A. Peterson, Plaintiffs-Appellants-Petitioners, LAURALIE H. B., Plaintiff, v. Louis J. MOLEPSKE, Defendant, Dennis J. MASSOGLIA and National Union Fire Insurance Company of Pittsburgh, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 26, 1998.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Mark A. Peterson, John F. Maloney, Robert K. Bultman and McNally, Maloney & Peterson, S.C., Milwaukee and oral argument by Mark A. Peterson.

For the defendants-respondents there was a brief by Charles H. Bohl, John P. Spector and Whyte Hirschboeck Dudek, S.C., Milwaukee and oral argument by Charles H. Bohl.

Amicus curiae brief was filed by James A. Walrath and James M. Brennan, Milwaukee for the Legal Aid Society of Milwaukee, Inc.

Amicus curiae brief was filed by Mark K. Thomsen and Canno & Dunphy, S.C., Brookfield for the Wisconsin Academy of Trial Lawyers.

Amicus Curiae brief was filed by Gregg Herman, Matthew J. Price and Loeb & Herman, S.C.; Peggy L. Podell, and Podell & Podell, all of Milwaukee for the Family Law Section of the State Bar of Wisconsin.

¶ 1. DONALD W. STEINMETZ, J.

The sole issue in this case is whether an attorney-guardian ad litem (GAL) appointed by the circuit court pursuant to Wis. Stat. § 767.045 (1993-94) to represent the best interests of a child in a custody dispute is entitled to absolute quasi-judicial immunity for the negligent performance of his or her duties. Both the circuit court and the court of appeals recognized such absolute quasi-judicial immunity.

¶...

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