Ballard v. Portnoy

OPINION ON MOTION FOR REHEARING

We withdraw our opinion of July 7, 1994, and substitute this opinion in its stead.

The appellee, Benjamin L. Portnoy, M.D., filed a motion to dismiss appeal for want of jurisdiction in which he asserted that because the appellant, Andrelyn Ballard, did not timely file an appeal bond, this Court did not have jurisdiction to entertain this appeal. Ballard filed a motion to strike appellee’s motion to dismiss and a request to file bond out of time.

Procedural background

The following is an abbreviated chronology of the procedural history of this ease:

June 1992:…