McDonald v. Garden Services, Inc.

In order to avoid “judicial chaos at the trial level,” the majority has concluded that a 4-day delay in paying costs is a sufficient cause for dismissing an appeal although appellant’s counsel has diligently *854attempted to pay the costs in a timely manner. Thus, having first lost her right to trial by jury on motion for summary judgment, the appellant has now lost her right of appeal through no fault of her own and no fault of her attorney. Under these circumstances, perhaps she may conclude that some judicial chaos has taken place at the appellate level as well as the trial level.

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