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Haynes v. White

Court of Appeals of Wisconsin, District I

April 30, 2019

Linda Haynes, Plaintiff-Appellant,
v.
Cully R. White, Aurora Health Care, Inc., Aurora Health Care Metro, Inc. and Injured Patients and Families Compensation Fund, Defendants-Respondents. City of Milwaukee, Involuntary-Plaintiff-Respondent,

         Not recommended for publication in the official reports.

          APPEAL from an order of the circuit court for Milwaukee County, No. 2015CV7368 STEPHANIE ROTHSTEIN, Judge.

          Before Kessler, P.J., Brennan and Kloppenburg, JJ.

          KESSLER, P.J.

         ¶1 Linda Haynes appeals an order of the circuit court dismissing her action against Dr. Cully White, Aurora Health Care, Inc., Aurora Health Care Metro, Inc., and the Injured Patients and Families Compensation Fund (collectively, the defendants). Haynes argues that the circuit court erred in determining that she was not a resident of Wisconsin, thus requiring her to pay security for costs pursuant to Wis.Stat. § 814.28 (2017-18).[1] She also argues that the court erred in dismissing her action pursuant to Wis.Stat. § 805.03. We affirm.

         BACKGROUND

         ¶2 This case has a long and complicated procedural history. We relate only those parts of that history pertinent to this appeal. On September 14, 2015, Haynes commenced a medical malpractice action against the defendants. It is undisputed that Haynes was a Wisconsin resident at the time she commenced the lawsuit. During the course of discovery, the defendants deposed Haynes. As relevant to this appeal, the following exchange took place at a deposition on February 10, 2017:

Q When we took your deposition, you were living at 34[th] Street here in Milwaukee?
[Haynes] Yes.
Q Do you still live there?
[Haynes] No.
Q Where do you live now?
[Haynes] 187 Kristie Lane, in Tyrone, Georgia.
….
Q Is that a suburb of Atlanta?
….
[Haynes] Yes, it is.
Q Okay…. All right. So that's your permanent residence now?
[Haynes] That's -- yes, you could say that.
Q How long have you been there?
[Haynes] I've been there about, I don't know, a couple of months.
Q And your intent, though, is to stay?
[Haynes] To stay in the South somewhere. I'm actually looking for someplace to reside, you know, in my retirement.
Q Sure.
[Haynes] So this will be Georgia, Florida, Texas, somewhere ...

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