St. John's Home of Milwaukee v. Continental Cas. Co., s. 87-2265

• Court: United States State Supreme Court of Wisconsin
• Writing for the Court: PER CURIAM
• Citation: 441 N.W.2d 219,150 Wis.2d 37
• Parties: ST. JOHN'S HOME OF MILWAUKEE, Plaintiff, v. CONTINENTAL CASUALTY COMPANY and Donald Stevens, d/b/a Stevens Associates, Defendants, Zimmerman Design Group, Inc., and Knuth Masonry, Inc., Defendants-Third Party Plaintiffs, Becker Construction Company, Inc., Defendant-Third Party Plaintiff-Appellant, Aetna Casualty Insurance Company and American National Fire Insurance Company, Defendants-Third Party Defendants-Respondents, Employers Mutual Casualty Company, Defendant-Third Party Defendant, Heritage Mutual Insurance Company and Robert Brust, Third Party Defendants. ST. JOHN'S HOME OF MILWAUKEE, Plaintiff, v. CONTINENTAL CASUALTY COMPANY and Donald Stevens, d/b/a Stevens Associates, Defendants, Zimmerman Design Group, Inc., Defendant-Third Party Plaintiff, Knuth Masonry, Inc., Defendant-Third Party Plaintiff-Appellant, Becker Construction Company, Inc., Defendant-Third Party Plaintiff, Aetna Casualty Insurance Company and American National Fire Insurance Company, Defendants-Third Party Defendants, Employers Mutual Casualty Company, Defendant-Third Party Defendant-Respondent, Heritage Mutual Insurance Company, Third Party Defendant-Respondent, Robert Brust, Third Party Defendant.
• Docket Number: 87-2468,Nos. 87-2265,s. 87-2265
• Decision Date: 07 June 1989

Page 219

441 N.W.2d 219 150 Wis.2d 37 ST. JOHN'S HOME OF MILWAUKEE, Plaintiff,
v.
CONTINENTAL CASUALTY COMPANY and Donald Stevens, d/b/a
Stevens Associates, Defendants,
Zimmerman Design Group, Inc., and Knuth Masonry, Inc.,
Defendants-Third Party Plaintiffs,
Becker Construction Company, Inc., Defendant-Third Party
Plaintiff-Appellant,
Aetna Casualty Insurance Company and American National Fire
Insurance Company, Defendants-Third Party
Defendants-Respondents,
Employers Mutual Casualty Company, Defendant-Third Party Defendant,
Heritage Mutual Insurance Company and Robert Brust, Third
Party Defendants.
ST. JOHN'S HOME OF MILWAUKEE, Plaintiff,
v.
CONTINENTAL CASUALTY COMPANY and Donald Stevens, d/b/a
Stevens Associates, Defendants,
Zimmerman Design Group, Inc., Defendant-Third Party Plaintiff,
Knuth Masonry, Inc., Defendant-Third Party Plaintiff-Appellant,
Becker Construction Company, Inc., Defendant-Third Party Plaintiff,
Aetna Casualty Insurance Company and American National Fire
Insurance Company, Defendants-Third Party Defendants,
Employers Mutual Casualty Company, Defendant-Third Party
Defendant-Respondent,
Heritage Mutual Insurance Company, Third Party Defendant-Respondent,
Robert Brust, Third Party Defendant. Nos. 87-2265, 87-2468. Supreme Court of Wisconsin. June 7, 1989.

Page 220

[150 Wis.2d 39] PER CURIAM.

Knuth Masonry, Inc. and Becker Construction Company, Inc., have filed a motion asking [150 Wis.2d 40] this court to accept as timely, their joint petition for review in this case. ¹

The issue presented in this motion is whether depositing the petition for review in this court's clerk's office after the close of that office's normal business day on the 30th day following the court of appeals' adverse decision, constituted a timely filing of the petition for review under the applicable statute and rules. We hold that to be timely, a petition for review must be delivered for filing in this court's clerk's office before 5 p.m. on the 30th day following the date the court of appeals' decision was filed; furthermore, we hold that because on past occasions this court has accepted documents for filing delivered after the normal 5 p.m. close of the clerk's office, we will also do so in this case and accept this joint petition. Henceforth, however, the 5 p.m. closing deadline will be strictly enforced.

On November 29, 1988, the court of appeals filed its decision in these consolidated cases affirming the circuit court's judgment which had dismissed several insurance companies as third-party defendants on the ground that their respective comprehensive general liability policies [150 Wis.2d 41] issued to Knuth Masonry and Becker Construction did not provide coverage for the damage attributable to the installation of a brick facade for the plaintiff, St. John's Home of Milwaukee. In order to be timely, pursuant to sec. 802.10 and sec. (Rule) 809.62, Stats., a petition for review of that decision had to be filed in this court by Thursday, December 29, 1988. By 5 p.m. on December 29, 1988--the close of the clerk's office business hours--no petition for review had been received in this case. At approximately 5:15 p.m. on that date, however, Attorney Mark Camp, on behalf of Knuth Masonry, Inc. and Becker Construction Company, arrived at the clerk's office intending to deliver and file a joint petition for review. Because the clerk's office was then closed for the day, Attorney Camp could not deliver the petition for review for filing. At that same time, however, a law clerk employed by one of the justices of this court, was leaving the chambers and encountered Attorney Camp in the hallway outside the clerk's office. In response to Attorney Camp's request, that law clerk unlocked the clerk's office outer door and permitted Attorney Camp to leave 15 copies of the petition for review in this case on the receptionist's counter. The law clerk and Attorney Camp then closed up the office and left.

Page 221

The next morning, December 30, 1988, at 7:15 a.m., when the deputy clerk of this court arrived to open the clerk's office for the day's business, she discovered these petition for review documents. Because those documents had not been received in the clerk's office for filing before the 5 p.m. close of the workday on December 29th, the petition was deemed to be late; consequently, this court issued an order dismissing the petition for review on timeliness grounds, 147 Wis.2d 893, 436 N.W.2d 32. That order is the subject of this motion for reconsideration.

[150 Wis.2d 42] The normal office or business hours of this court's clerk's office are from 7:15 a.m. to 5 p.m., Monday through Friday,...