Messina v. Koch Industries, Inc.

Although I agree with the result reached in this case, I favor abolition of the practice of permitting filings with the Clerk outside the Clerk’s office. Under the present interpretation of our rules it is impracticable to ascertain whether a judgment has become final from the records in the Clerk’s office. At any time the possibility always exists that the Clerk or one of his deputies has filed a pleading which he will deposit in the Clerk's office when he arrives. Dependence upon time in addition to the usual office hours is also encouraged. The present procedure excuses compliance with our…