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SCHNELLER v. ST. MARY'S HOSPITAL

No. 89-0541.

155 Wis.2d 365 (1990)

455 N.W.2d 250

Daniel SCHNELLER, a minor, and his parents, Thomas and Cheryl Schneller, Plaintiffs-Appellants, v. ST. MARY'S HOSPITAL MEDICAL CENTER, W.C. Mussey, M.D., Defendants-Respondents, Joel KAUFMAN, M.D., and V.J. Moore, M.D., Defendants.

Court of Appeals of Wisconsin.

Decided March 15, 1990.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Robert J. Gingras and Mary E. Kennelly of Fox, Fox, Schaefer & Gingras, S.C. of Madison.

For the defendant-respondent St. Mary's Hospital Medical Center the cause was submitted on the brief of Curtis C. Swanson and Joy L. O'Grosky of Axley Brynelson of Madison.

For the defendant-respondent W.C. Mussey, M.D., the cause was submitted on the brief of Bonnie A. Wendorff, Bradway A. Liddle, Jr., and Catherine M. Rottier of Boardman, Suhr, Curry & Field of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

Daniel Schneller, a minor, and his parents, Thomas and Cheryl Schneller, appeal from an order dismissing their medical malpractice claim against St. Mary's Hospital Medical Center and three doctors (collectively, St. Mary's). The issues are: (1) whether sec. 801.15(2)(a), Stats., which requires a party filing an untimely motion to extend a time deadline to show "excusable neglect" in order to gain an extension of the deadline, is limited to time limits...

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