Martha Bablitch

This case was a divorce proceeding between Charlotte and Gerald Schwantes concerning custody of their three minor children, child support, and related orders. The trial court initially awarded custody to Charlotte but conditioned it on her ending a personal relationship, later transferred custody to Gerald solely for violating that condition without any finding that the change served the children's best interests as required by statute, and ordered Charlotte to pay weekly child support without evidence of her ability to pay. The appellate court concluded that the trial court abused its discretion on each of these issues, including by conditioning custody on termination of the relationship and by failing to follow statutory requirements or base orders on record evidence, and therefore reversed the judgment.

family law

This case involved telephone companies challenging a Public Service Commission rule that required credit card calls to be listed separately with a subtotal including taxes on long-distance bills. The companies argued the rule was invalid due to improper rule-making procedures under state statutes, exceeded the PSC's authority, and violated due process as an unreasonable regulation. The trial court upheld the rule, and the appellate court affirmed, finding that the PSC complied with notice and legislative committee review requirements, that the rule fell within the agency's statutory powers, and that facts could reasonably justify the regulation. The court also dismissed the PSC's cross-appeal on a temporary stay as moot.

business & regulatoryprocedure