[U] M&I Bank Of Southern Wisconsin V. Poehling

¶1. John and Dixie Poehling appeal the circuit court order granting summary judgment in favor of M&I Bank of Southern Wisconsin for the amount due on a note under a construction loan agreement with the Poehlings. The circuit court also granted summary judgment in the Bank's favor on the Poehlings' counterclaims for breach of contract and negligence. The Poehlings contend the circuit court erred in concluding that the Bank was entitled to judgment as a matter of law on their counterclaims for breach of contract and negligence. They also contend the circuit court erred in failing to grant their motions to add M&I Mortgage Corporation (M&I Mortgage) as a third party and to add counterclaims against the Bank for vicarious liability for M&I Mortgage and breach of fiduciary duty by the Bank. We conclude the circuit court properly granted summary judgment in favor of the Bank and denied the motions to amend the pleadings. Accordingly, we affirm on the appeal.