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D & D CARPENTRY, INC. v. U.S. BANCORP

No. 2009AP1264.

792 N.W.2d 193 (2010)

2010 WI App 122

D & D CARPENTRY, INC., Plaintiff-Respondent, v. U.S. BANCORP, f/k/a Firstar Bank Wisconsin, f/k/a First Wisconsin National Bank of Sheboygan, Trustee of the James Gary Edler Trust, under agreement dated May 31, 1990, Defendant, Robin Edler, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 18, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of William P. Te Winkle of Rohde Dales LLP of Sheboygan.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert N. Duimstra of Menn Law Firm, LTD of Appleton.

Before BROWN, C.J., NEUBAUER, P.J., and ANDERSON, J.

BROWN, C.J.

¶ 1 We deem the controlling issue in this case to be whether an arbitration order, entered by the trial court after the attorneys consented to arbitration in open court, is valid when one of those attorneys allegedly entered into the agreement without his client's consent. Robin Edler, upon learning that her attorney submitted her case to binding arbitration less than a month before the scheduled jury trial...

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