Smigla v. Schnell

OPINION

DAVIES, Judge.

Respondents, dissatisfied with a non-binding arbitration award, filed a request for trial with the district court by facsimile transmission. The facsimile transmission occurred after the administrator’s office closed, but before midnight on the last permissible day for filing the request. The district court allowed the case to go to trial. We affirm the judgment entered after trial because the district court correctly determined that respondents’ request for trial was timely filed.

FACTS

Appellant Gail Smigla was operating an automobile that collided with a car driven by…