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HERR v. LANAGHAN

No. 2005AP422.

289 Wis.2d 440 (2006)

2006 WI App 29

710 N.W.2d 496

Mary HERR, individually and as the Special Administrator for the Estate of Joseph George, Deceased, Plaintiffs-Appellants, v. Rodolph J. LANAGHAN, Defendant, Bradley D. DEBRASKA, Defendant-Respondent, Jeffrey R. GROTH, Kevin Ziolkowski, Kevin Dane, Fausto Delgado, Nicole J. Anderson a/k/a Nikki Anderson, Linda L. Anderson d/b/a The Roadhouse Restaurant and Lounge, and Society Insurance, a mutual company, Defendants.

Court of Appeals of Wisconsin.

Decided January 24, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Mark E. Larson and Bradley S. Foley of Gutglass, Erickson, Bonville, Seibel & Falkner, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of John F. Fuchs of Fuchs, DeStafanis & Boyle, S.C. of Milwaukee.

Before Fine, Curley and Kessler, JJ.

¶ 1. KESSLER, J.

Mary Herr, individually and as Special Administrator for the Estate of Joseph George (collectively, "Herr"), appeals from an order granting defendant Bradley DeBraska's motion to offset the restitution ordered in DeBraska's related criminal case against the civil judgment paid in this case. Herr argues that the trial court erroneously: (1) reopened the civil judgment against DeBraska; and (2) offset...

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