STATE OF WISCONSIN
IN SUPREME
COURT
Donald Rumage,
Plaintiff-Appellant,
v.
Robert M. Gullberg, Janet Gullberg,
Advantage Bank F.S.B., and The Bank of
Elmwood,
Defendants-Respondents.
¶1. PER CURIAM (on motion for
reconsideration). Plaintiff-Appellant Donald Rumage moves for reconsideration of
our decision in Rumage v. Gullberg, 2000 WI 53, 235 Wis. 2d 279, 611
N.W.2d 458, on grounds that the court overlooked a controlling fact appearing in the record.
Rumage argues that Reinier Kemeling sold his residential property in a voluntary private
sale, during a mortgage foreclosure redemption period, in contemplation of an imminent
sheriff's sale. He argues that a sale under these circumstances was a sale under
"compulsion," not an arms-length transaction under no compulsion that produces
fair market value.
¶2. After careful consideration, we conclude
that appellant's argument is without merit in this case. In ¶ 45 of the court's opinion
we state: "Judge Simanek found no evidence of collusion or fraud between Kemeling
and Burmeister." This sentence is herewith amended to read: "Judge Simanek
found no evidence of compulsion, collusion or fraud between Kemeling and
Burmeister." The record does not demonstrate that the circuit court's finding was
clearly erroneous.
¶3. The motion for reconsideration is denied
without costs.
Return to wisbar.org
Wisconsin Supreme Court
