Jamar v. Patterson

This case presents the issue of what constitutes “filing” a motion for new trial for purposes of calculating the appellate timetable. After a jury trial the trial judge signed a judgment for Gayle Patterson, individually and as next friend of Brandi Istre (Patterson), against Hewell Jamar. The judgment is dated October 16,1992. On November 12, 1992, counsel for Jamar tendered his motion to the district clerk, who did not “accept” the motion for filing because Jamar had not paid the requisite $15.00 statutory filing fee. 1 Despite its other deficiencies, 2 the clerk file-stamped the motion on…