Margetan v. Superior Chair Craft Co.

In order to decide whether the plaintiff commenced his action in time to toll the statute of limitations, we must determine when he “filed” his complaint. Was it when he delivered his complaint to the clerk’s office? Or was it when he paid the filing fee? We conclude a complaint is not filed until the filing fee is paid. Because appellant Margetan paid no filing fee until after the statute of limitations had run, the trial court correctly dismissed his action as time barred.

George Margetan desired to sue Superior Chair Craft Company for a personal injury incurred on December 3, 1993.…