Muggli Dental Studio v. Taylor
Wisconsin Court of Appeals
419 N.W.2d 322, 142 Wis. 2d 696 (1987)
- Written by Jody Stuart, JD
Facts
In trial court, a judgment was entered in favor of Muggli Dental Studio (Muggli) (plaintiff) against Dr. Ted Taylor (defendant). An execution was issued against Taylor’s personal property, and the sheriff levied against the property. The levy occurred on December 9, 1986. In 1982 the Citizens Lakeshore Bank had obtained a security interest in Taylor’s personal property due to a financing statement filed at that time. Prior to the levy, Taylor’s father (Taylor Sr.) paid this bank debt for Taylor. Taylor Sr. did not have the collateral in his possession. Taylor Sr.’s financing statement was filed on January 2, 1987. After the trial court’s judgment, Taylor asserted that the lien created in Muggli’s favor by the levy did not have priority over the security interest held by Taylor Sr. In a postjudgment proceeding, the trial court ruled against Taylor. Taylor appealed.
Rule of Law
Issue
Holding and Reasoning (Nettesheim, J.)
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