Mullen v. Braatz

Joseph Mullen, Trace Mullen and Steve Feldt (Mullen) appeal a judgment dismissing their complaint against Ronald Braatz. Braatz moves to dismiss the appeal, contending that we are without jurisdiction because the notice of appeal was not timely filed. Braatz contends that he mailed a notice of entry of judgment, thus shortening the time for filing a notice of appeal to forty-five days. He argues that it is immaterial whether Mullen actually received it because service is complete upon mailing.

We conclude that the presumption that mail sent is received is rebuttable. Therefore, service is…