May 10, 2016 Articles

Silly Lawyer Tricks IV

Sharing lessons from across the country with our members, reporting real mistakes made by real appellate lawyers, frequently with disastrous results for their clients.

By Tom Donlon

The latest column in our continuing series on real mistakes by real lawyers on appeal.

Park Bank v. Jackson, 2015 Wis. App. LEXIS 891 (Ct. of App. Dist. 4 Dec. 23, 2015)

This case is an example of what can happen when appellate counsel does almost everything right. Wachovia Bank brought an action seeking to equitably subordinate Park Bank’s mortgage. Wachovia won at the trial court, placing its $166,900 mortgage ahead of Park’s. On appeal, Wachovia won on multiple complex legal issues and even prevailed on a balance of the equities.

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