METROPOLITAN MILWAUKEE ASSOCIATION OF COMMERCE, INC. v. CITY OF MILWAUKEE, 789 N.W.2d 734 (2010)
Court: Supreme Court of Wisconsin
Number: inwico20101014b89
Visitors: 9
Filed: Oct. 14, 2010
Latest Update: Oct. 14, 2010
Summary: ON CERTIFICATION FROM THE COURT OF APPEALS PER CURIAM. 1 The court is equally divided whether to affirm or reverse the order of the circuit court. Justice David T. Prosser, Justice Patience Drake Roggensack, and Justice Michael J. Gableman would affirm. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would reverse. Justice Annette Kingsland Ziegler did not participate. 2 When a certification or bypass results in a tie vote by this court, the b
Summary: ON CERTIFICATION FROM THE COURT OF APPEALS PER CURIAM. 1 The court is equally divided whether to affirm or reverse the order of the circuit court. Justice David T. Prosser, Justice Patience Drake Roggensack, and Justice Michael J. Gableman would affirm. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would reverse. Justice Annette Kingsland Ziegler did not participate. 2 When a certification or bypass results in a tie vote by this court, the be..
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ON CERTIFICATION FROM THE COURT OF APPEALS
PER CURIAM.
¶ 1 The court is equally divided whether to affirm or reverse the order of the circuit court. Justice David T. Prosser, Justice Patience Drake Roggensack, and Justice Michael J. Gableman would affirm. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would reverse. Justice Annette Kingsland Ziegler 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).
¶ 3 Accordingly, we vacate our order granting certification and remand to the court of appeals.
Source: Leagle
