Biffle v. Morton Rubber Industries, Inc.

The issue in this case is whether a cost bond should be considered as timely filed when delivered to the clerk before the deadline for perfecting an appeal but where the clerk inadvertently failed to file-mark it until after the deadline. Morris Biffle appealed from a judgment rendered against him. On November 6, 1989, the last day for filing a cost bond for his appeal, Biffle both had the bond delivered to the county clerk and verified its receipt by telephone. The deputy clerk, by signed affidavit, affirms that the bond was timely received. Although the bond was filed with the clerk on that…