Stuht v. Mount Sinai Hospital

The claimants have moved for a dismissal of this appeal on the ground a dismissal of a former appeal was res judicata. We think not. The former appeal was from the decision of the trial court and therefore premature. The dismissal did not reach or decide the merits now presented.

The appellants have moved for a reversal under sec. (Rule) 251.57, Stats., because the claimants have not filed a brief. This failure was due to the ambiguity of our previous order and the claimants should not be penalized. Consequently, we reach the merits of this appeal and believe the trial court was correct in its…