Edland v. Wisconsin Physicians Service Insurance Corp

In Edland v. Wisconsin Physicians Service Insurance Corp., 210 Wis. 2d 638, 563 N.W.2d 519 (1997), the appellants did not file a timely appeal under Wis. Stat. 808.04(1) (1995-96) because the circuit court had failed to send copies of its decision and order to the parties despite indicating that it would. To remedy the situation, the circuit court granted the appellants' motion to vacate and reenter the order, thereby permitting the appellants another chance to file their appeal. See Edland, 210 Wis. 2d at 642. The supreme court permitted the circuit court's reinstatement of the order under Wis. Stat. 806.07(1)(a) (1995-96) and concluded that the circuit court's error "constitutes a compelling equitable consideration under 806.07(1)(a) which outweighs the goal of finality and provides a basis for effectively extending the time to appeal." Edland, 210 Wis. 2d at 648.