Dairyland Greyhound Park, Inc. v. Doyle

2004 WI 34, 677 N.W.2d 275, 270 Wis. 2d 267, 2004 Wisc. LEXIS 236

• Court: Wisconsin Supreme Court
• Decided: March 30, 2004
• Docket: 03-0421
• Status: Published

Opinion

PER CURIAM.

¶ 1. This case comes before the court on certification from the Wisconsin Court of Appeals District IV

¶ 2. The court is equally divided on whether to affirm the judgment of the circuit court. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would affirm. Justice David T. Prosser, Jr., Justice Diane S. Sykes, and Justice Patience D. Roggensack would reverse. Justice Jon P Wilcox did not participate.

¶ 3. When a certification or bypass results in a tie vote by this court, the better course of action is to vacate our decision to accept certification or bypass and remand the cause to the court of appeals. State v. Richard Knutson, Inc., 191 Wis. 2d 395, 396-97, 528 N.W.2d 430 (1995) (remanding to court of appeals on a tie vote on certification); State v. Elam, 195 Wis. 2d 683, 684-85, 538 N.W.2d 249 (1995) (restating rule but declining to remand to court of appeals on a tie vote on bypass because court of appeals had previously decided issue).

¶ 4. Accordingly, we vacate our order granting certification and remand to the court of appeals.

By the Court. — The Order granting certification is vacated and the cause is remanded to the court of appeals.