Manly v. Manly

OPINION OF THE COURT

The question on review is whether the payment of the fee required by CR 76.-42(2)(a)(i) is a prerequisite to the filing of a Notice of Appeal.

The movant deposited in the circuit court clerk’s office a Notice of Appeal from a judgment of the Jefferson Circuit Court on the last day permitted by CR 73.02(l)(a). In accordance with a practice available in the Jefferson Circuit Court, movant did not deliver the Notice of Appeal to the clerk or to a deputy, but merely placed in it a machine which stamped it as follows:

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Movant then left the Notice in a box in the…