NOTICE
This opinion is subject to further editing and
modification. The final version will
appear in the bound volume of the official reports.
STATE OF WISCONSIN : IN SUPREME COURT
FILED OCT
19, 2000 Cornelia
G. Clark Clerk
of Supreme Court Madison,
WI
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.