noting that once a motion for summary judgment "is made and demonstrates the support required by the statute, the opponent does not have the luxury of resting upon its mere allegation or denials of the pleadings, but must advance specific facts showing the presence of a genuine issue for trial"Summary of this case from Mrozek v. Intra Financial Corp.
Case No. 96-1784.
Oral argument: April 7, 1998.
Decided: April 30, 1998.
REVIEW of a decision of the Court of Appeals. Affirmed.
For the plaintiff-appellant-petitioner there were briefs by William A. Denny, Jonathan Cermele and Denny Yanisch, Elm Grove and oral argument by William A. Denny and Jonathan Cermele.
For the defendants-respondents there was a brief by Michael D. Stotler and Bren, Przybeck Stotler, Milwaukee and oral argument by Michael D. Stotler.
The court is equally divided on the question of whether the decision of the court of appeals, Moulas v. PBC Productions Inc., 213 Wis.2d 406, 570 N.W.2d 739 (Ct.App. 1997), should be affirmed or reversed. Justice DONALD W. STEINMETZ, Justice JON P. WILCOX and Justice N. PATRICK CROOKS would affirm; Chief Justice SHIRLEY S. ABRAHAMSON, Justice WILLIAM A. BABLITCH and Justice ANN WALSH BRADLEY would reverse. Justice JANINE P. GESKE did not participate. Accordingly, the decision of the court of appeals is affirmed.