SCHMIT v. KLUMPYAN

No. 02-2387.

264 Wis.2d 414 (2003)

2003 WI App 107

663 N.W.2d 331

Gene W. SCHMIT, Rosemary T. Schmit, Fillmore E. Ott, Elizabeth Jane Ott, Richard E. Paulus and Joann V. Paulus, Plaintiffs-Appellants, v. Terry KLUMPYAN, Paula Klumpyan, Carla J. Schmit, Michael Schmit and Renee Schmit, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 16, 2003.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Thad W. Jelinske and Seth P. Hartigan of Domnitz, Mawicke & Goisman, S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Thomas A. Merkle and Gregory W. Lyons of O'Neil, Cannon & Hollman, S.C., Milwaukee.

Before Brown, Anderson and Snyder, JJ.


¶ 1. ANDERSON, J.

This appeal requires us to consider whether sufficient evidence was presented to establish that the initiation and continuation of a partition action constituted an abuse of process. To prevail on an abuse of process claim, a party must present evidence that another party used the process in a manner not intended and to gain a collateral advantage. We reverse; the evidence presented in this case does not establish that the partition action was...

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