Dustin Dowhower v. Simon Marquez
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2003 WI 127 SUPREME COURT CASE NO.: OF WISCONSIN 01-1347 COMPLETE TITLE: Dustin Dowhower, a minor, by his Guardian ad Litem Susan Rosenberg, Tamara Dowhower and Larry Dowhower, Plaintiffs-Respondents, v. Simon Marquez and Viking Insurance Company of Wisconsin, Defendants, West Bend Mutual Insurance Co., Defendant-Appellant, Aetna Life Insurance Co., Defendant. ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at 260 Wis. 2d 192, 659 N.W.2d 57 (Ct. App. 2003-Published) ORDER FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: September 12, 2003 Circuit Racine Emmanuel Vuvunas 2003 WI 127 SUPREME COURT OF WISCONSIN NOTICE This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 01-1347 Dustin Dowhower, a minor, by his Guardian ad Litem Susan Rosenberg, Tamara Dowhower and Larry Dowhower, Plaintiffs-Respondents, FILED v. Simon Marquez and Viking Insurance Company of Wisconsin, Defendants, West Bend Mutual Insurance Co., Defendant-Appellant, Aetna Life Insurance Co., Defendant. SEP 12, 2003 Cornelia G. Clark Clerk of Supreme Court Madison, WI The Court entered the following order on this date: A petition for review pursuant to Wis. Stat. § 808.10 having been filed on behalf of defendant-appellant-petitioner, West Bend Mutual Insurance Co., and a motion of the Wisconsin Insurance Alliance for leave to file a non-party brief in support of the petition for review pursuant to Wis. Stat. § (Rule) 809.19(7), and considered by this court; IT IS ORDERED that the motion of the Wisconsin Insurance Alliance to file an amicus curiae brief in support of the petition for review pursuant to Wis. Stat. § (Rule) 809.19(7) is granted and the accompanying brief is accepted for filing; IT IS FURTHER ORDERED that the petition granted, the court of appeals decision in for review this case is is No. summarily vacated and the matter is remanded to the court of appeals for further consideration in light of this court s decision in Folkman v. Quamme, 2003 WI 116 (opinion issued July 16, 2003). 2 No. 2
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