Mills v. Franco Food Equipment, Inc

The parties have this Court’s February 21, 1985, opinion in Case No. 72984, and *378its order on rehearing dated October 24, 1985. The facts need not be repeated.

Because of the order on rehearing the doctrine of law of the case is inappropriate and inapplicable on these facts.

We hold that timely rejection of the mediation award is not complete upon mailing.

On review, however, we have a definite and firm conviction that the trial court erred in denying plaintiffs’ request to have their rejection notice received by the mediation tribunal as timely filed and we therefore reverse.

Two witnesses…