Deanne Phillips v. U.S. Bank Nat'l. Assn.

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2010 WI 131 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2009AP246 Deanne Phillips, Plaintiff-Appellant, v. U.S. Bank National Association, Defendant-Respondent-Petitioner. REVIEW OF A DECISION OF THE COURT OF APPEALS 2010 WI App 35 Reported at: 324 Wis. 2d 151, 781 N.W.2d 540 (Ct. App. 2010 Published) OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: November 19, 2010 November 2, 2010 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee Timothy G. Dugan JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ZIEGLER, J., did not participate. ATTORNEYS: For the defendant-respondent-petitioner there were briefs filed by Bradley C. Fulton and Mindy J. Rowland, DeWitt Ross & Stevens S.C., Madison, and oral argument by Bradley C. Fulton. For the plaintiff-appellant there was a brief filed by Alan C. Olson and Nicholas M. McLeod, Alan C. Olson & Associates, S.C., New Berlin, and oral argument by Alan C. Olson. 2010 WI 131 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2009AP246 (L.C. No. 2007CV14855) STATE OF WISCONSIN : IN SUPREME COURT Deanne Phillips, FILED Plaintiff-Appellant, NOV 19, 2010 v. A. John Voelker Acting Clerk of Supreme Court U.S. Bank National Association, Defendant-Respondent-Petitioner. REVIEW of a decision of the Court of Appeals. ¶1 question PER of CURIAM. whether The the court decision is of equally the Affirmed. divided court of on the appeals, Phillips v. U.S. Bank National Association, 2010 WI App 35, 324 Wis. 2d 151, 781 N.W.2d 540, should be affirmed or reversed. Chief Justice SHIRLEY S. ABRAHAMSON, Justice ANN WALSH BRADLEY and Justice N. PATRICK CROOKS would affirm; Justice DAVID T. PROSSER, Justice PATIENCE DRAKE ROGGENSACK and Justice MICHAEL J. GABLEMAN would reverse. Justice ANNETTE K. ZIEGLER did not participate. ¶2 affirmed. Accordingly, the decision of the court of appeals is No. 1 2009AP246

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