REPUBLIC CAPITAL BANK v. LUCHINI

No. 89-1907.

153 Wis.2d 656 (1989)

451 N.W.2d 474

REPUBLIC CAPITAL BANK, S.S.B., Plaintiff-Respondent, v. Wayne G. LUCHINI, a/k/a Wayne Luchini, d/b/a Luchini Shelters & Luchini Construction, and Mary G. Luchini, husband and wife, Defendants-Third Party Plaintiffs-Appellants, Roberta J. SOMMERS, n/k/a Roberta J. Fero, University of Wisconsin Credit Union, Dennis L. Matteson, State of Wisconsin, Lycon, Inc., Lisa Thompson, Joanne Storves, Kathy Weitala, Dana Dragic, Gerald Oberie, and Marjorie Oberie, Defendants, Ronald D. FERO, Robert B. Fero, Ray Walton and Ruth Walton, husband and wife, d/b/a Century 21-Walton Realty, Sue White, John Does and Jane Does, d/b/a American Home, Joseph J. Pollack, Dennis M. Bush, individually and as Vice President of Republic Capital Group, Inc., Kerry Larsen, individually and as Senior Vice President of Republic Capital Bank, S.S.B., Republic Capital Group, Inc., Republic Capital Bank, S.S.B., John Does and Jane Does, d/b/a American Home Improvement, John Does and Jane Does, d/b/a Contracting by Craftsmen, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided December 13, 1989.


Attorney(s) appearing for the Case

On behalf of the defendants-third party plaintiffs-appellants, a pro se motion was filed by Wayne and Mary Luchini.

On behalf of the plaintiff-respondent, a motion was filed by Ross A. Anderson and Brian G. Cahill of Frisch Dudek, Ltd. of Milwaukee.

Before Brown, P.J., Scott and Nettesheim, JJ.


Submitted on motions.

PER CURIAM.

The appellants, pro se, have appealed a foreclosure judgment ordering a property sale on December 15, 1989. They also seek relief pending appeal staying the sale. The respondent has filed a motion to dismiss the appeal on the ground that the judgment is a nonfinal judgment because a counterclaim is still pending before the circuit court. We determine that the judgment appealed from is nonfinal and therefore we have...

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