Mr. Penguin Tuxedo Rental & Sales, Inc. v. NCR Corp.

Mr. Penguin Tuxedo Rental and Sales, Inc., sued NCR Corporation and Sanders Bailey. The trial court granted summary judgment for defendants. Four days before its motion for new trial was due, Mr. Penguin sent the motion by overnight Federal Express addressed to the “Clerk for the Honorable Bill Thomas, Judge”, the trial judge. The next day the secretary for Mr. Penguin’s counsel telephoned the court and was told that the motion had arrived. In fact, the motion did arrive that day but was delivered to the court administrator. However, the motion was not file-stamped by the district clerk until…