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BANK MUT. v. S.J. BOYER CONST., INC.

No. 2008AP912.

785 N.W.2d 462 (2010)

2010 WI 74

BANK MUTUAL f/k/a First Northern Savings Bank, Plaintiff-Respondent-Petitioner, v. S.J. BOYER CONSTRUCTION, INC., Steven J. Boyer and Marcy A. Boyer, Defendants-Appellants, Pioneer Credit Union, Defendant.

Supreme Court of Wisconsin.

Decided July 9, 2010.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Roy L. Prange, Jr. and Quarles & Brady LLP, Madison, and oral argument by Roy L. Prange, Jr.

For the defendants-appellants there was a brief by Philip J. Danen and Roels, Keidatz, Fronsee & Danen, LLP, DePere, and oral argument by Philip J. Danen.

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

DAVID T. PROSSER, J.

¶ 1 This is a review of a published decision of the court of appeals, Bank Mutual v. S.J. Boyer Construction, Inc., 2009 WI App 14, 316 Wis.2d 266, 762 N.W.2d 826, which reversed an order of the Brown County Circuit Court, Timothy A. Hinkfuss, Judge. The order denied Steven and Marcy Boyer (the Boyers) relief from judgments for the amount due on several notes. The Boyers had guaranteed payment on...

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