The dispute originated in Marathon County Circuit Court, where Bartnik petitioned in February 2025 to remove Mackoway over trust administration failures. Mackoway declined to answer written discovery or attend a deposition, arguing that his sister's attorney, Mary Sue Anderson, faced a disqualifying conflict of interest. The circuit court dismissed that claim, citing his failure to seek protective relief before the October 2025 deadline, and penalised him with remedial contempt and attorney fees after his late January 2026 production remained largely incomplete. The Wisconsin Court of Appeals fully affirmed the lower court's contempt decision.
Key points
Filing a motion to disqualify opposing counsel does not automatically suspend a party's o…: Filing a motion to disqualify opposing counsel does not automatically suspend a party's obligation to meet written discovery deadlines.
Litigants must formally petition the court for an extension, stay, or protective order ra…: Litigants must formally petition the court for an extension, stay, or protective order rather than allowing deadlines to lapse.
The Wisconsin Court of Appeals determined that Mackoway had multiple lawful avenues to ad…: The Wisconsin Court of Appeals determined that Mackoway had multiple lawful avenues to address timing disputes but failed to use them.
Sources checked by our analysis pipeline: 1
A dispute over the management of two family trusts in Wisconsin has resulted in an appeals court upholding a contempt finding against a brother who failed to provide requested financial documents to his sister. The case centred on whether his attempt to disqualify his sister's lawyer justified delaying his discovery responses.
In a November 10, 2026,
decision in Anne M Bartnik v. Todd A Mackoway, available in Justia, the Wisconsin Court of Appeals affirmed a Marathon County Circuit Court order finding Todd A Mackoway in remedial contempt. The court concluded that he had other legal options to address the discovery deadline but failed to use them.
Sister sought brother's removal as trustee
The dispute began on February 17, 2025, when Anne M Bartnik filed a verified petition seeking to remove her brother as successor general trustee of their mother Shirley Mackoway's two trusts. Bartnik alleged that Mackoway had breached his fiduciary duties by failing to administer the trusts effectively, prudently, impartially and in good faith. She also argued that his alleged hostility towards her made him unsuitable to continue as…
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