In Re the Marriage of Gray

HAYS, Justice.

Enthus Ann Chance (formerly Enthus Ann Gray) petitions this court to review a decision of the court of appeals ordering dismissal of her appeal on grounds of untimeliness. In re Gray v. Gray (1984) [No. 1 CA-CIV 7856, filed Sept. 11, 1984], We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), A.R.S. § 12-120.24 and 17A A.R.S. Civil Appellate Proc. Rules, Rule 23. The opinion of the court of appeals is vacated.

We address only one issue: Is payment of the record preparation fee, required by A.R.S. § 12-2107, a condition precedent to the clerk of a superior court filing a…