Yazzie v. Catron

OPINION

Opinion delivered by

AUSTIN, Acting Chief Justice.

The issue in this case is whether a notice of appeal submitted by facsimile machine (“fax”) to the Court is a valid, timely filing under the Navajo Rules of Civil Appellate Procedure. We conclude that the faxed notice of appeal is invalid; therefore, we dismiss this appeal for lack of jurisdiction.

I

On January 27,1997, the Window Rock District Court rendered its decision in this case. Under Rule 8(a) of the Navajo Rules of Civil Appellate Procedure, the due date for filing the notice of appeal with this Court would have been 5:00 p.m. on…