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STUMPNER v. CUTTING

No. 2009AP94.

783 N.W.2d 874 (2010)

2010 WI App 65

In re the Marriage of Claudia D. STUMPNER, p/k/a Claudia D. Cutting, Petitioner-Appellant, v. Charles C. CUTTING, Jr., Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 8, 2010.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Alanna J. Feddick of Feddick & Associates, S.C., Marshfield.

On behalf of the respondent-respondent, the cause was submitted on the brief of Michael J. Lauterbach of Nash Podvin Attorneys at Law, S.C., Wisconsin Rapids.

Before VERGERONT, LUNDSTEN and HIGGINBOTHAM, JJ.

¶ 1 HIGGINBOTHAM, J.

Claudia Stumpner appeals a sua sponte order modifying physical placement of her daughter, Grace. We conclude that the court lacked the authority under WIS. STAT. § 767.451(3) (2007-08),1 to sua sponte modify the physical placement order. We therefore reverse.

BACKGROUND

¶ 2 Charles Cutting and Claudia Stumpner, f/k/a Claudia Cutting, were divorced in January 2004. The...

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