Court Error Issue Preclusion.

AuthorHawkins, Derek
PositionAmy Cady Krech v. Kimberly A. Mitchell, et al.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: Amy Cady Krech v. Kimberly A. Mitchell, et al.,

Case No.: 2021AP65

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Court Error Issue Preclusion

Amy Cady-Krech appeals an order excluding her as an heir of the Estate of Michael Mikulewicz, who died intestate. Cady-Krech presented evidence raising a rebuttable presumption that Mikulewicz was her father. She further asserted that he raised her and treated her as his daughter. Based on DNA evidence, however, the circuit court found that Cady-Krech was not Mikulewicz's biological daughter. The court further found that Mikulewicz did not adopt Cady-Krech. The court therefore concluded that Cady-Krech did not qualify as Mikulewicz's heir for purposes of intestate succession.

Cady-Krech argues that the circuit court should not have permitted DNA testing, or considered the test results, because issue preclusion barred the parties from...

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