*1 365 2009).1 Second, is the district court ruled 2010 WY 86 that Ms. Churchills cause of action was CHURCHILL, Appellant Ashlie by two-year barred the statute of limitations (Plaintiff), applicable to a arising "cause of action from act, an error or in omission the rendering of v. professional licensed or certified or health CAMPBELL COUNTY MEMORIAL 1-8-107(a) Wyo. care § services." Ann. Stat. HOSPITAL, Appellee (LexisNexis 2009). Ms. appealed Churchill (Defendant). challenge to the district court's order dis No. S-09-0195. missing complaint prejudice. her with disposition appeal [¶2] Our of this is con Supreme Wyoming. Court of by 31, trolled Florquist, Beaulieu v. 2004 WY 25, (Beaulieu II). June 2010. (Wyo.2004) 86 P.3d 863

There, we complaint held that a in govern a mental allege claims action must compliance signature with the and require certification Wyo. 16, 7,§ ments of Const. Art. in addition Representing Appellant: Nicholas H. Car- alleging compliance to with statutory the fil Stephanie Humphrey ter and M. of The Nick ing requirements Wyo. § of Stat. Ann. 1-89- Firm, P.C., Gillette, Carter Wyoming. Law 113. allegations, Without such a district Representing Appellee: Billie LM Addle- court does acquire subject juris not matter LLP, Applegate, man of Hirst Cheyenne, Id., 910-15, diction over the action. 86 Wyoming. then, P.3d at 866-69. Since we have followed the Beaulieu II rule in a number of cases. VOIGT, C.J., GOLDEN, Before and Uptown v. Greybull, Town 2010 WY Café of HILL, KITE, BURKE, JJ. 58, (Wyo.2010); 231 P.3d 257 Motley v. ¶¶ County, 147, 2-3,

Platte 2009 WY 220 P.3d 518, (Wyo.2009); 519-20 City McCann v. of 86, Cody, ¶¶ 7-8, 1078, 2009 WY 210 P.3d GOLDEN, Justice. (Wyo.2009); 1081-82 City Gose v. Douglas, of 12, 2009, March Appellant [T1] On Ashlie ¶¶ 126, 17-19, 1159, 2008 WY 193 P.3d 1163- Churchill complaint, pursuant filed a to the (Wyo.2008). 64 We must do likewise here. Wyoming Governmental Claims Act. The In complaint, her [¶3] Ms. Churchill al complaint alleged that Ms. Churchill was in- leged: 17, 2006, jured on March awaking while from 6. A prepared Notice of Claims was and tonsillectomy a adenotonsillectomy and per- upon served the pursuant Defendant to the Campbell County formed at Hospi- Memorial Act, Wyo. Governmental Claims Stat. Ann. tal. granted The district court Hospital's the §§ through §$ 1-39-101 copy 1-39-121. A complaint. motion to dismiss the The dis- of the Notice of Claims is attached hereto trict grounds. First, court relied on two it as A" incorporated "Exhibit and herein. complaint ruled that the should be dismissed Morasko, 7. Mr. Bob because Ms. Churchill did not file a Campbell of the claim Panel, with the Medical Review required County as Hospital, Memorial was served on 9-2-1518(a) (LexisNex- by Wyo. § 18, Stat. Ann. March original 2008. The Return is § by 1. 9-2-1518. panel; 9-2-1519(a), Claims to be reviewed cordance complaint with W.S. no court; prohibition filing tolling on claims in alleging malpractice of any shall be filed in court limitation; immunity statute panel of of and against provider a health care before a claim is witnesses; administration. panel made to the and its decision is rendered. (a) panel running applicable The malpractice period The shall of the review all limitation against providers malpractice upon receipt claims health care in a by filed action is tolled with panel except subject the those claims the begin to a valid director of the claim and does not agreement (30) by again upon thirty days arbitration allowed panel's law or until after the final decision, (75) seventy-five days pan- or after the which suit has been filed 1, to 2005. prior July panel Unless submission to the hearing, is waived ac- in el's last whichever occurs earlier. *2 366 257, 58, ¶ 4, (Wyo.2010); 258 231 P.3d WY incor- B" and as "Exhibit hereto attached ¶ 5, 147, County, 2009 WY Motley v. Platte

porated herein. 518, v. (Wyo.2009); 520 McCann 220 P.3d compliance allegations indicate these While ¶86, 9, 1078, Cody, 210 P.3d City 2009WY of require statutory notice of claim with the (Wyo.2009). 1082 allege that Ms. ments, does not complaint the signature and the complied with Churchill Wyo. of Const. requirements

certification addition, Ms. 16, to the extent § In

Art. 72 incorporat of Claims was Notice

Churchill's of Claims the Notice complaint, the

ed into the allege compliance with does not itself Gose, requirements. See ¶ constitutional 97 2010 WY 18, 193 10(c) ("[al 1164; copy W.R.C.P. P.3d at is an exhibit BLOOMFIELD, Jr., which any instrument of written Leo Gene pur for all part (Defendant), a thereof pleading Appellant a is to poses"). v. complaint Ms. Churchill's Because [¶4] Wyoming, of The STATE constitu compliance with the allege not did (Plaintiff). Appellee court never the district requirements, tional jurisdiction this subject over acquired matter No. S-09-0033. 520; ¶ 3, 220 P.3d at Motley, action. Wyoming. Supreme Court of ¶¶ Gose, 1082; McCann, ¶ 8, 18- 210 P.3d at Court, 19, having no at 1164. This 193 P.3d July12,2010. court, the district is jurisdiction than better appeal. this jurisdiction to consider without appeal. this

We therefore dismiss

GOLDEN, J., opinion the delivers the of

Court; KITE, J., concurring specially a files BURKE, J., joins.

opinion, in which

KITE, Justice, concurring, in specially BURKE, Justice, joins.

which majority opinion to I in the concur

[T5] it the district court's dis

the extent affirms However, I would complaint.

missal of the court the basis that the district

affirm on applicable statute of

properly concluded the Stat, § 1-8-107 Wyo. Ann. limitations was

(LexisNexis 2009) complaint the was not and act, years alleged two of the

filed within by required that statute.

error or omission as judicially require created disagree that the

I compli allege must complaint

ment that the 16, Wyoming § Art. 7 of the Con

ance with from prevented the district court

stitution jurisdiction the matter. See

acquiring over Greybull, 2010 Café,

Uptown Inc. v. Town of 1, 2010, complaint Grey July shall state ... the "the Uptown v. Town 2. As we noted in of Café 257, bull, 58, 1, ¶ signature compliance WY 231 P.3d 257 n. 1 2010 3 n. with the and claim was in 16, requirements of article section 7 Legislature (Wyo.2010), Wyoming has certification the Wyo. Wyoming Ann. allegation Constitution." Stat. codify § re of the to the amended 1-39-113 1-39-113(d)(iii) (HEAOO16). § by quirements case law. Effective established