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GRANADO v. SENTRY INSURANCE

No. 98-3675-FT.

228 Wis.2d 794 (1999)

599 N.W.2d 62

Reuben GRANADO, Plaintiff-Appellant, v. SENTRY INSURANCE, a mutual company, ABC Insurance Company, Younkers Inc., n/k/a Proffitt's Inc., d/b/a Younkers, XYZ Company and Wisconsin Physicians Service Insurance Corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 15, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Mary Taylor Lokensgard and Robinson, Peterson, Berk & Cross, LLP, of Appleton.

On behalf of the defendants-respondents, the cause was submitted on the brief of Julie M. Falk and Steven M. Anderson and Ruder, Ware & Michler, S.C. of Wausau.

Before Cane, C.J., Myse, P.J., and Hoover, J.

HOOVER, J.

We are presented with the question whether Reuben Granado timely filed a summons and complaint given to the clerk of circuit court at his home at 9:30 p.m. on the last day of the limitations.1 Granado appeals a circuit court judgment dismissing his complaint against Sentry Insurance and Younkers Inc. on the grounds that it was not timely filed. Granado contends that the clerk has the necessary power and authority to determine...

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