Linnmar, Inc. v. First Enterprises, Inc.
Linnmar, Inc. v. First Enterprises, Inc.
Opinion of the Court
Appellants appealed from a final order within ninety days of entry. Respondents move to dismiss, claiming they gave timely notice of entry of the order which reduced the appeal time to forty-five days.
The order appealed from was rendered October 17, 1990 and entered October 30, 1990.
Section 806.06(5), Stats., requires that notice of entry must be given within "21 days after the entry of judgment or order to constitute notice under s. 808.04(1)." Appellants argue that sec. 808.04(1), Stats., changes the pivotal date from the date of entry to the date of rendition. Section 808.04(1) was amended in 1986 and provides:
An appeal to the court of appeals must be initiated within 45 days of entry of judgment or order appealed from if written notice of the entry of judgment or order is given within 21 days of the judgment or order as provided in s. 806.06(5), or within 90 days of entry if notice is not given, except as provided in this section or otherwise expressly provided by law.
We construe the provisions of a statute and related statutes together to harmonize their meaning. State v. Robinson, 140 Wis. 2d 673, 677, 412 N.W.2d 535, 537 (Ct. App. 1987). Sections 808.04(1) and 806.06(5), Stats., govern the time limits to initiate an appeal. Section 808.04(1) sets forth the forty-five/ninety day rule and specifically cross-references sec. 806.06(5). Section 806.06(5) sets forth what constitutes notice under sec. 808.04(1) sufficient to reduce the time to initiate an appeal from ninety to forty-five days. Notice of entry of judgment inherently specifies notice of entry, not notice of judgment.
Appellants also claim that the date when notice of entry is given means (1) when appellant receives notice or (2) when notice is filed. Well-established Wisconsin law rejects these claims. Notice of entry is given when mailed. Bruns v. Muniz, 97 Wis. 2d 742, 746, 295 N.W.2d 11, 13-14 (Ct. App. 1980). Further, sec. 801.14(2), Stats., provides that "[s]ervice by mail is complete upon mailing." Respondents mailed their notice of entry on the twentieth day. Thus notice was timely served. Section 801.14(2). Notice of entry is given when served rather than filed. A copy of the notice of entry
We conclude that the amendatory language in sec. 808.04(1), Stats., does not create an ambiguity or conflict with the provisions of sec. 806.06(5), Stats. Notice of entry was timely served, reducing appellants' time to initiate their appeal to forty-five days. Section 808.04(1). Failure to file their notice of appeal within the forty-five day deadline of sec. 808.04(1) deprives us of jurisdiction. Rule 809.10(l)(b). Therefore, we must dismiss.
By the Court. — Appeal dismissed.
An order is rendered when it is signed by the judge. Section 807.11(1), Stats. An order is entered when it is filed in the office of the clerk of court. Section 807.11(2), Stats.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.