American Communications Telecommunications, Inc. v. Commerce North Bank

OPINION

Appellee has moved to dismiss this appeal on the ground that appellant has failed to perfect its appeal due to its filing of a defective affidavit of inability to pay the costs of appeal. The motion will be denied.

Final judgment in this cause was signed April 19, 1983. Since appellant filed a motion for new trial, its affidavit of inability to pay the costs of appeal was due on or before July 18, 1983. Rule 356(a). 1 On June 24, 1983, appellant filed its affidavit. The affidavit is defective in that the notary public who administered the oath to the affiant neglected to sign the…