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WISCONSIN STATE EMPLOYEES UNION v. HENDERSON

No. 81-2419.

106 Wis.2d 498 (1982)

317 N.W.2d 170

WISCONSIN STATE EMPLOYEES UNION, Thomas King, and Martin Beil, Plaintiffs-Appellants, v. Hugh HENDERSON, individually and in his official capacity as Secretary, Department of Employment Relations, and Kenneth Lindner, individually and in his official capacity as Secretary, Department of Administration, Defendants-Respondents, Robert O'NEIL, President, University of Wisconsin System, Profs, Inc., J. D. Kabler, M.D., David T. Berman, Ilsa L. Riegel, Thomas Hoover, Doris M. Wallach, Virginia J. Marks, and Joint Committee on Legislative Organization, Intervening Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 23, 1982.

Attorney(s) appearing for the Case

For the intervening defendants-respondents, Profs, Inc., J.D. Kabler, M.D., David T. Berman, Ilsa L. Riegel, Thomas Hoover, Doris M. Wallach, and Virginia J. Marks, the cause was submitted on the brief of Jon P. Axelrod, and DeWitt, Sundby, Huggett & Schumacher, S.C., of Madison.

For the defendants-respondents, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and John D. Niemisto, assistant attorney general, and Charles D. Hoornstra, assistant attorney general.

For the plaintiffs-appellants the cause was submitted on the brief of Richard V. Graylow, and Lawton & Cates of Madison.

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

PER CURIAM.

The plaintiffs appeal from the order of the trial court allowing certain parties to intervene, vacating the preliminary injunction, and dismissing the complaint with prejudice. The defendants move to dismiss the appeal upon the ground that the appeal is untimely. Because we are unable to resolve the factual dispute regarding whether notice of entry of the order was given, we remand to the trial court for a factual determination and retain jurisdiction...

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