We further noted that "[o]ur common law is in accord with our statutory law: ‘When the court of appeals construes a statute in a published opinion, that opinion binds every agency and every court until it is reversed or modified.’ " Id. (quoting State ex rel. Dicks v. Employe Tr. Funds Bd. , 202 Wis. 2d 703, 709, 551 N.W.2d 845 (Ct. App. 1996) ). Accordingly, we concluded that because Moya I was binding law when Schubbe charged Schuler's attorneys the certification charges and retrieval fees, the circuit court properly "dismissed the complaint because, as a matter of law , Schuler could not establish that Schubbe negligently, much less willfully or knowingly, violated the statute at the time[.]" Schuler , No. 2020AP1753, ¶¶6, 9 (emphasis added).
Our common law is in accord with our statutory law: "When the court of appeals construes a statute in a published opinion, that opinion binds every agency and every court until it is reversed or modified." State ex rel. Dicks v. Employe Tr. Funds Bd. , 202 Wis. 2d 703, 709, 551 N.W.2d 845 (Ct. App. 1996). As Moya I was binding law at the time Schubbe charged the certification charges and retrieval fees, the circuit court dismissed the complaint because, as a matter of law, Schuler could not establish that Schubbe negligently, much less willfully or knowingly, violated the statute at the time of the records charge.
Spencer is therefore binding on us and accurately reflects the law. SeeState ex rel. Dicks v. Employe TrustFunds Bd., 202 Wis.2d 703, 709, 551 N.W.2d 845, 848 (Ct.App. 1996) ("When the Court of Appeals construes a statute in a published opinion, that opinion binds every agency and every court until it is reversed or modified."). ¶ 7. According to Spencer, although the safe-place statute imposes a mandatory duty to maintain safe premises, how an employer complies with this duty is discretionary:
This is what we meant in State exrel. Dicks v. Employe Trust Funds Bd., 202 Wis.2d 703, 709, 551 N.W.2d 845, 848 (Ct.App. 1996), where we said: "When the court of appeals construes a statute in a published opinion, that opinion binds every agency and every court until it is reversed or modified. This is the meaning of § 752.41(2), STATS., which provides, `Officially published opinions of the court of appeals shall have statewide precedential effect.