Opinion
No. 2009AP246.
Oral argument November 2, 2010.
Decided November 19, 2010.
REVIEW of a decision of the Court of Appeals. Affirmed.
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.
The court is equally divided on the question of whether the decision of the court of appeals, Phillips v. IJ.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. Accordingly, the decision of the court of appeals is affirmed.