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MULLEN v. BRAATZ

No. 93-2076.

179 Wis.2d 749 (1993)

508 N.W.2d 446

Joseph MULLEN, Trace Mullen, and Steve Feldt, Plaintiffs-Appellants, v. Ronald BRAATZ, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 26, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants, the cause was submitted on the brief in opposition to motion of Michael D. Schwartz and Steven H. Gibbs of Hopkins, MN.

For the defendant-respondent, the cause was submitted on the brief in support of motion of Douglas M. Johnson of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Joseph Mullen, Trace Mullen and Steve Feldt (Mullen) appeal a judgment dismissing their complaint against Ronald Braatz. Braatz moves to dismiss the appeal, contending that we are without jurisdiction because the notice of appeal was not timely filed. Braatz contends that he mailed a notice of entry of judgment, thus shortening the time for filing a notice of appeal to forty-five days. He argues that it is immaterial whether Mullen actually received it...

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