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BANK OF NEW YORK v. MILLS

No. 03-1339.

270 Wis.2d 790 (2004)

2004 WI App 60

678 N.W.2d 332

BANK OF NEW YORK, As Trustee, Plaintiff-Respondent, v. David H. MILLS and Gloria Mills, a/k/a Gloria J. Mills, Defendants-Appellants, BANC ONE FINANCIAL SERVICES, INC., Shoreview Anesthesiologists, Christopher Brown and Rick Winter, Defendants.

Court of Appeals of Wisconsin.

Decided February 11, 2004.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Scott N. Burns and Julie A. Neuhaus of Halling & Cayo, S.C., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Christopher M. Avery of Gray & End, L.L.P., Milwaukee.

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

¶ 1. ANDERSON, P.J.

David H. Mills and Gloria Mills, a/k/a Gloria J. Mills (the Millses), appeal an order of the trial court confirming the sale of their mortgaged property to the Bank of New York, As Trustee (the Bank). The Millses also appeal the trial court's order denying their motion for reconsideration of its confirmation. The Millses argue that the trial court erred as a matter of law because it used improper...

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