State v. Jones

Summary

The Wisconsin Supreme Court held that an appellant's notice of voluntary dismissal filed before the court of appeals issued its decision automatically dismissed the appeal under Wisconsin Stat. § 809.18. The court denied the petitions for review and cross-review and remanded with directions to withdraw the court of appeals' decision.

Holdings

1. Under Wis. Stat. § (Rule) 809.18, the court of appeals must give effect to an appellant's notice of voluntary dismissal filed before the court issues a decision on the appeal; the notice automatically dismisses the appeal without further action by the court.
2. A court of appeals decision is issued on the date it is dated and filed, as shown by the file stamp on the first page, rather than on the earlier date on which the clerk's office mails it to the parties.

Questions Presented

1. Whether an appellant's notice of voluntary dismissal filed before the court of appeals' decision is dated and filed automatically dismisses the appeal.
2. Whether a court of appeals decision is issued on the date it is mailed to the parties or on the date it is dated and filed.
3. Whether the court of appeals' decision issued after Jones filed his notice of voluntary dismissal had to be withdrawn.

Disposition

remanded