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NORWEST BANK WIS. EAU CLAIRE v. PLOURDE

No. 93-2650.

185 Wis.2d 377 (1994)

518 N.W.2d 265

NORWEST BANK WISCONSIN EAU CLAIRE, N.A., Plaintiff-Respondent, v. Michael G. PLOURDE, and Janet L. Plourde, Defendants-Appellants, EAU CLAIRE COOP OIL COMPANY, Stromwall Joseph and Gustaveson, Inc., Peter J. Speros and Helen Speros, Defendants.

Court of Appeals of Wisconsin.

Decided May 3, 1994.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Robert R. Gavic and Jorv R. Gavic of Gavic Law Office of Spring Valley.

For the plaintiff-respondent the cause was submitted on the brief of Dennis M. Sullivan and Jeffrey W. Guettinger of Herrick, Hart, Duchemin, Danielson & Guettinger, S.C. of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Michael and Janet Plourde appeal a foreclosure judgment granted to Norwest Bank Wisconsin Eau Claire. Plourde contends that he was entitled to a jury trial as a matter of right because he was compelled to assert his counterclaims against Norwest in the foreclosure action or be subject to collateral estoppel. We conclude that Plourde was entitled to a jury trial as a matter of right because he would have been collaterally estopped from asserting certain of...

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