State v. Schindler

Kathleen Fay Schindler (Schindler) appeals the Fifth Judicial District Court’s dismissal of her appeal from Justice Court and the court’s denial of her motion for reconsideration. We reverse and remand this matter to the District Court.

On March 4, 1994, Schindler was found guilty in Justice Court of the misdemeanor offenses of assault and criminal mischief. The Justice Court entered what it considered a final judgment and adjourned.

On March 14, 1994, Schindler’s counsel sent, via facsimile (fax), a Notice of Appeal to the Sheriff’s office. The Sheriff’s office was authorized to accept faxes…