Boostrom v. Bach

I respectfully dissent from the majority opinion in this case. I do not agree that the rules cited by the majority require the paying of a filing fee in order to constitute a filing within the statute of limitations. I believe the Court of Appeals opinion reported at Boostrom, v. Bach (1992), Ind.App., 589 N.E.2d 275, on reh’g, 603 N.E.2d 867, is correct in stating: “[TJhere is no statute stating that fees must be paid in advance before complaints will be deemed ‘filed.’ ” Id. at 869.

I would deny transfer in this case.