S.J.A.J. v. First Things First, Ltd.

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2001 WI 118 SUPREME COURT CASE NO.: OF WISCONSIN 99-2037 COMPLETE TITLE: S.J.A.J., Plaintiff-Respondent-Cross-AppellantPetitioner, v. First Things First, Ltd. and Frontier Insurance Company, Defendants-Appellants-Cross-Respondents, The Travelers Insurance, Defendant-Respondent, David B. Hatch, Chicago Insurance Company, Aetna Life Insurance Company and Blue Cross & Blue Shield United of Wisconsin, Defendants. REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 239 Wis. 2d 233, 619 N.W.2d 307 (Ct. App.-Unpublished) OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: September 13, 2001 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Eau Claire Eugene D. Harrington JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: BABLITCH, J., did not participate. November 6, 2001 ATTORNEYS: For the plaintiff-respondent-cross appellant-petitioner there were briefs by Phillip M. Steans and Phillip M. Steans, S.C., Menomonie, and Matthew A. Biegert and Doar, Drill & Skow, S.C., New Richmond, and oral argument by Phillip M. Steans. For the defendants-appellants-cross respondents there was a brief by James A. Pelish and Thrasher, Doyle, Pelish & Franti, Ltd., Rice Lake, and oral argument by James A. Pelish. An amicus curiae brief was filed by Mary Dianne Greenley, Madison, on behalf of the Wisconsin Coalition for Advocacy, Ins. 2 2001 WI 118 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 99-2037 (L.C. No. 97 CV 254) STATE OF WISCONSIN : IN SUPREME COURT S.J.A.J., Plaintiff-Respondent-CrossAppellant-Petitioner, v. First Things First, Ltd. and Frontier Insurance Company, FILED Defendants-Appellants-CrossRespondents, NOV 6, 2001 The Travelers Insurance, Cornelia G. Clark Clerk of Supreme Court Defendant-Respondent, David B. Hatch, Chicago Insurance Company, Aetna Life Insurance Company and Blue Cross & Blue Shield United of Wisconsin, Defendants. REVIEW of a decision of the Court of Appeals. ¶1 to affirm PER CURIAM. or reverse Affirmed. The court is equally divided on whether the decision of the court of appeals. No. 99-2037 Justice Jon P. Wilcox, Justice N. Patrick Crooks, and Justice Diane S. Sykes Abrahamson, Prosser would Justice Ann would reverse. affirm; Walsh Chief Bradley, Justice William Justice and A. Shirley Justice Bablitch S. David T. did not participate. ¶2 Accordingly, the decision of the court of appeals is affirmed. 2 No. 1 99-2037

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