District IV
May 27, 2014
To:
Hon. Alan J. White
Circuit Court Judge
400 DeWitt St., P. O. Box 587
Portage, WI 53901-2157
Susan K. Raimer
Clerk of Circuit Court
Columbia County Courthouse
400 DeWitt St., P.O. Box 587
Portage, WI 53901-2157
Mary Susan Anderson
John A. Cravens
Mallery & Zimmerman, S.C.
P.O. Box 479
Wausau, WI 54402-0479
Melvin D. Gillen
Shelby I. Gillen
P. O. Box 356
Rio, WI 53960
The Peshtigo National Bank
250 French Street
Peshtigo, WI 54157
You are hereby notified that the Court has entered the following opinion and order:
|
|
|
|
|
|
|
|
|
|
Associated Bank N.A. v. Melvin D. Gillen (L.C. # 2013CV209) |
|
|
|
|
|
Before Blanchard, P.J., Sherman and Kloppenburg, JJ.
Melvin and Shelby Gillen appeal a judgment of foreclosure. After reviewing the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21(1) (2011-12).[1] We affirm.
The sole issue raised on this appeal is that the Notice of Default the bank provided to the Gillens did not comply with the requirements set forth in ¶15 of the mortgage. The Gillens did not present that argument to the circuit court, however. Instead, they made a more general assertion that the bank had not given them notice of default, which the circuit court found to be untrue.
This court will generally not
consider issues raised for the first time on appeal, so that we do not “‘blindside
trial courts with reversals based on theories which did not originate in their
forum.’” Schonscheck v. Paccar,
Inc.,
2003 WI App 79, ¶¶10-11, 261 Wis. 2d 769, 661 N.W.2d 476 (quoted source
omitted). Moreover, “a party must raise
an issue with sufficient prominence that the trial court understands that it is
called upon to make a ruling.” Schwittay
v.
IT IS ORDERED that the judgment of foreclosure is summarily affirmed under Wis. Stat. Rule 809.21(1).
Diane M. Fremgen
Clerk of Court of Appeals