99-2774 Jensen v. Wisconsin Patients Compensation Fund

By: dmc-admin//June 25, 2001//

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“State ex rel. J.H. Findorff v. Circuit Court for Milwaukee County, 2000 WI 30, 233 Wis. 2d 428, 608 N.W.2d 679, sets forth the applicable law relating to substitutions on remand, and the circuit court will apply the Findorff case should such a request for substitution be filed.”

DISSENTING OPINION: Abrahamson, Ch. J., “On reflection, I conclude that my suggestion in the Finderoff concurrence that this court decide the issue of substitution in every case mandating a remand was flawed because it failed to ensure that counsel would have an opportunity to be heard in the appellate court on the matter.

“In this case, the record is still with this court, and counsel for all parties have had an opportunity to be heard on the issue of substitution. I would therefore clarify our opinion in the present case and, applying the Findorff rule, I would state that the parties have a right to request substitution on the issue for which the case is remanded.”

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