BANK OF SUN PRAIRIE, Plaintiff-Appellant,
v.
MARSHALL DEVELOPMENT COMPANY, Thomas E. Schoenauer, Kaltenberg Seed Farms, Inc., Badgerland Farm Credit Services, ACA, State of Wisconsin-Department of Workforce Development, and State of Wisconsin-Department of Revenue, Defendants,
John J. GRIMMER, Defendant-Respondent.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs November 7, 2000.
Decided February 22, 2001.
Attorney(s) appearing for the Case
On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Kimberly P. Sebranek and Kevin M. Laffey of Eustice, Laffey & Shellander, S.C., Sun Prairie.
On behalf of the defendant-respondent, the cause was submitted on the brief of Robert J. Welcenbach and Michael J. Widmann of Welcenbach & Widmann, Milwaukee.
A nonparty brief was filed by John E. Knight and James E. Bartzen of Boardman, Suhr, Curry & Field LLP, Madison, for Wisconsin Bankers Association.
Before Vergeront, Roggensack and Deininger, JJ.
Court of Appeals of Wisconsin.
¶ 1. VERGERONT, J.
The Bank of Sun Prairie appeals the summary judgment dismissing its action for foreclosure of a mortgage on the ground that the Bank had previously obtained a deficiency judgment in a foreclosure action on another mortgage securing the same debt. The trial court concluded that under the doctrine of merger, the debt was extinguished when the deficiency judgment was entered, and the Bank's only remedy...
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