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01-3202 Hoffman v. Rankin, M.D.

By: dmc-admin//June 17, 2002//

01-3202 Hoffman v. Rankin, M.D.

By: dmc-admin//June 17, 2002//

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“Wisconsin courts have distinguished filing from mailing in a variety of contexts. ‘To construe or define “mailing” as “filing” is to ignore the plain meaning of the word. Mailing merely initiates the process by which an article in the due course of the post will be delivered.'[citation] ‘We are not aware of any statute or court rule providing that when a paper is presented for filing by mail, the filing is complete upon mailing.’…

“We are satisfied that under Wis. Stat. sec. 655.445, the term ‘filing’ should be accorded its ordinary meaning, requiring delivery to the proper officer. Nothing in Wis. Stat. ch. 655 expressly alters this interpretation. Because the Hoffmans’ mediation request was filed on the day it was actually received by the administrator, we conclude that their mediation request was filed within fifteen days of the filing of the summons and complaint. Consequently, the Hoffmans proceeded properly under sec. 655.445.”

Reversed and remanded with directions.

Recommended for publication in the official reports.

Dist III, Eau Claire County, Stark, J., Cane, C.J.

Attorneys:

For Appellant: Charles M. Bye, River Falls; Tracy N. Tool, River Falls

For Respondent: William R. Wick, Manitowoc; Howard McMahon, Manitowoc

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