Wenke v. Gehl Co.

Wisconsin Supreme Court

Wenke v. Gehl Co.

2003 WI 96, 665 N.W.2d 211, 263 Wis. 2d 675, 2003 Wisc. LEXIS 465

CourtWisconsin Supreme Court

DecidedJuly 8, 2003

Docket01-2649

StatusPublished

Cited by4 cases

This text of 2003 WI 96 (Wenke v. Gehl Co.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wenke v. Gehl Co., 2003 WI 96, 665 N.W.2d 211, 263 Wis. 2d 675, 2003 Wisc. LEXIS 465 (Wis. 2003).

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Opinion

PER CURIAM.

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

¶ 2. 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, *677 684-85, 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).

¶ 3. 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.

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PER CURIAM.

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

¶ 2. 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, *677 684-85, 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).

¶ 3. 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.

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Bluebook (online)

2003 WI 96, 665 N.W.2d 211, 263 Wis. 2d 675, 2003 Wisc. LEXIS 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wenke-v-gehl-co-wis-2003.

Opinion

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