HOIDA, INC. v. M & I MIDSTATE BANK

No. 2003AP2108.

717 N.W.2d 17 (2006)

2006 WI 69

HOIDA, INC., Plaintiff-Appellant-Petitioner, v. M & I MIDSTATE BANK and McDonald Title Company, Inc., Defendants-Respondents, William C. Herbert, Defendant-(In T.ct.).

Supreme Court of Wisconsin.

Decided June 13, 2006.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Scott R. Halloin and Mallery & Zimmerman, S.C., Milwaukee, and oral argument by Scott R. Halloin.

For the defendant-respondent M & I Midstate Bank, there was a brief by Russell T. Golla and Anderson, O'Brien, Bertz, Skrenes & Golla, Stevens Point, and oral argument by Russell T. Golla.

For the defendant-respondent McDonald Title Company, Inc., there was a brief by William J. Ewald and Denissen, Kranzush, Mahoney & Ewald, S.C., Green Bay, and oral argument by William J. Ewald.

An amicus curiae brief was filed by John E. Knight, James E. Bartzen, Kirsten E. Spira, and Boardman, Suhr, Curry & Field L.L.P., Madison, on behalf of the Wisconsin Bankers Association.


¶ 1 PATIENCE DRAKE ROGGENSACK, J.

We review a court of appeals decision that affirmed the circuit court's grant of summary judgment dismissing the claims of Hoida, Inc. (Hoida) against defendants M & I Midstate Bank (M & I) and McDonald Title Company, Inc. (McDonald Title). Hoida is a subcontractor that incurred losses on a building project gone awry when the general contractor and the owner of the property fraudulently misappropriated approximately ...

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