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Debtor-Creditor – receivership — priority

Wisconsin Court of Appeals

Civil

Debtor-Creditor – receivership — priority

The parties to these consolidated appeals dispute whether a note and mortgage relating to a failed construction project in downtown Milwaukee have priority over certain construction liens. In the context of this receivership action, SFG Venture, LLC contended that its mortgage had priority under Wis. Stat. § 706.11(1)(f). The circuit court rejected that argument. We agree with SFG Venture and, therefore, reverse the circuit court. As explained below, our conclusion renders moot contractor Klein-Dickert’s cross-appeal and contractor Butters Fetting’s appeal. Not recommended for publication in the official reports.

2012AP1610, 2012AP1677 In re DOC Milwaukee LP SJ Properties v. DOC Milwaukee LP, et al.

Dist I, Milwaukee County, Carroll, J., Lundsten, J.

Attorneys: For Appellant: Sennett, Nancy J., Milwaukee; Aprahamian, Michael J., Milwaukee; Weidig, Erik G., Milwaukee; Barragry, Andrew, Milwaukee; For Respondent:, Long, Kevin M., Milwaukee; Van Schyndle, Eric James, Milwaukee

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