Harrell v. Harrell

Appellant appeals an order entered on April 5, 2004. The notice of appeal was filed with the circuit court two days late, on May 7, 2004. In response to this court’s order to show cause, appellant argues that the case should not be dismissed because she turned the notice over to the post office in West Virginia for express mail on May 4, 2004. The post office label indicates a “second” day of delivery.

Timely mailing of a notice of appeal is insufficient to confer jurisdiction on this court. As the first district has observed:

Generally, a paper is deemed to be “filed” when it is delivered to…