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METHODIST MANOR OF WAUKESHA, INC. v. MARTIN

No. 01-2877.

255 Wis.2d 707 (2002)

2002 WI App 130

647 N.W.2d 409

METHODIST MANOR OF WAUKESHA, INC., d/b/a Cornstock Care Center and Maplewood Center, Plaintiff-Appellant, v. Evelyn MARTIN and Frederick L. Martin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 23, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Reginald Hislop, Jr., West Allis, and Donal M. Demet of Demet & Demet, S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Emanuel V Gumina of Gumina & Gumina, Brookfield, and Brian J. Henderson of Henderson & Levihn, Milwaukee.

Before Fine, Schudson and Curley, JJ.

¶ 1. FINE, J.

Methodist Manor of Waukesha, Inc., appeals from the trial court's order and judgment dismissing its amended complaint against Frederick L. Martin. Methodist Manor claims that Frederick Martin diverted from a joint bank account that he shared with his mother monies that she was obligated by law and contract to remit to Methodist Manor. We reverse.

I.

[1]

¶ 2. Our review of the trial court's dismissal of...

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