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BRIARWOOD CLUB, LLC v. VESPERA, LLC

No. 2012AP2105.

839 N.W.2d 124 (2013)

2013 WI App 119

BRIARWOOD CLUB, LLC, Plaintiff-Appellant, v. VESPERA, LLC, Tony Pipito, LLC, Waukesha County, Applewood Plastering Services, Inc., Dousman Electric Power Co., Inc., Payne & Dolan, Inc., Iron Development Icon Construction, LLC, Lake County Engineering, Inc., Country Stove and Fireplace, Inc., Kahle Wholesale Flooring, Inc., Creative Metals, Inc., Prestige Electrical Services, Inc., Ltd of Wisconsin, Inc., Beer Capitol Distributing Lake Country, LLC, Exclusive Millwork, Inc. and Paul Steffes, Inc., Defendants, Waterstone Bank, Defendant-Third-Party Plaintiff-Respondent, v. Marsha Raniewicz and Richard Raniewicz, Third-Party Defendants, State of Wisconsin, Intervenor.

Court of Appeals of Wisconsin.

Opinion Filed September 4, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Thomas P. Lyons , and Bruce A. Ranta , of Lyons & Ranta, LLP, Brookfield.

On behalf of the defendant-third-party-plaintiff-respondent, the cause was submitted on the brief of Elizabeth A. Neary of Grady, Hayes & Neary, LLC, Waukesha.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

¶ 1 REILLY, J.

Courts exercising equitable powers must behave akin to doctors operating under the Hippocratic Oath: first, do no harm. We must do equity to all parties and not just the party seeking equitable assistance, within established rules and mindful of the maxim that "equity follows the law." 30A C.J.S. Equity § 135 (2013).

¶ 2 It is within this context that we examine the equitable doctrine of "marshaling assets." Briarwood Club...

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