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MAHONEY v. MENARD INC.

No. 2010AP1637.

805 N.W.2d 728 (2011)

2011 WI App 128

Blaise MAHONEY and Karen Mahoney, Plaintiffs-Respondents, Dean Health Care Inc., Involuntary-Plaintiff-Respondent, v. MENARD INC. and Zurich American Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed August 17, 2011.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Jeffrey S. Fertl and Melissa J. Lauritch of Hinshaw & Culbertson LLP of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of W. Timothy Steinle and Mark C. Severino of Terschan, Steinle & Ness of Milwaukee.

Before BROWN, C.J., NEUBAUER, P.J., and BRENNAN, J.

BROWN, C.J.

¶ 1 Menard, Inc. and Zurich American Insurance Company appeal the denial of their motion to dismiss Blaise and Karen Mahoney's complaint against them. The motion was based on the fact that the complaint served on Menards1 was unsigned even though it was nonetheless authenticated by the clerk of courts. The complaint on file with the trial court was signed. Menards claims that despite the authentication and despite the...

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