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BRUNS v. MUNIZ

No. 80-368.

97 Wis.2d 742 (1980)

295 N.W.2d 11

Donald B. BRUNS, General Guardian of Ernest Edwin Bruns, Plaintiff-Appellant, v. Ivette M. MUNIZ and Liberty Mutual Insurance Company, Defendants-Respondents, James A. LODUHA, Defendant.

Court of Appeals of Wisconsin.

Decided June 2, 1980.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Scott G. Pernitz and Winner, McCallum, Hendee & Wixson of Madison.

For the defendant-respondent the cause was submitted on the brief of Claude J. Covelli and Boardman, Suhr, Curry & Field of Madison.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

PER CURIAM.

The respondents Muniz and Liberty Mutual Insurance Company move to dismiss the appeal upon the ground that the appeal was not timely taken. According to the respondents, the appellant had 45 days after January 2, 1980, the date of entry of judgment, to file his appeal, and he failed to do so. The notice of appeal was filed in the trial court on February 22, 1980.

The appellant contends that the actual date of entry of judgment was either December...

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