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McFARLAND STATE BANK v. SHERRY

No. 2010AP2473.

809 N.W.2d 58 (2011)

338 Wis.2d 462

2012 WI App 4

McFARLAND STATE BANK, Plaintiff-Respondent, v. Ricky A. SHERRY, Jolene C. Sherry, U.S. Bank NA ND, City of Madison and State of Wisconsin Department of Workforce Development, Defendants, Earl O. Sherry, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 22, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Nicholas J. Loniello of Loniello, Johnson & Simonini, Madison. There was oral argument by Nicholas J. Loniello .

On behalf of the plaintiff-respondent, the cause was submitted on the brief of John P. Starkweather of Boardman, Suhr, Curry & Field LLP, Madison. There was oral argument by John P. Starkweather .

Before HIGGINBOTHAM, SHERMAN and BLANCHARD, JJ.

BLANCHARD, J.

¶ 1 Earl O. Sherry (Sherry) appeals a circuit court order denying his motion for relief from a money judgment against him in favor of McFarland State Bank. The money judgment resulted from Sherry's execution of a personal guaranty making him liable for the indebtedness of his son, Ricky Sherry, and daughter-in-law, Jolene Sherry (the debtors), on a loan by the Bank secured by a mortgage on real property. The debtors defaulted on the mortgage, and...

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