A.B.C.G. Enterprises, Inc. v. First Bank Southeast, N.A.

A.B.C.G. Enterprises, Inc., Charles Injasoulian and Mary Ann Injasoulian (collectively ABCG) seek review of a court of appeals' decision holding that ABCG is barred under the doctrine of res judicata from bringing this action against First Bank Southeast, N.A. (First Bank). The court of appeals concluded that ABCG was required to counterclaim in a prior foreclosure action instituted by First Bank in order to preserve its claims. ABCG argues that res judicata does not apply in this case because Wisconsin has a permissive counterclaim statute which allows a party to counterclaim but never…