Legal Opinion
State v. Ashbaugh
Washington Supreme Court
Decided August 31, 1978No. 45181PublishedCited by 29 opinions
1Opinion of the CourtBrachtenbach, J.
Is the timely payment of a filing fee a jurisdictional requirement under our Rules of Appellate Procedure? The filing fee was not paid within 30 days of judgment; the Court of Appeals dismissed the appeal for want of jurisdiction. We reverse on the filing fee issue but remand for determination of whether the appeal should be dismissed for want of prosecution.
Petitioner was convicted of robbery. On June 16, 1976, judgment and sentence were entered.
RAP 5.2 requires that a notice of appeal be filed within 30 days of judgment. On July 15, 1976, petitioner's trial attorney, who is not the attorney…
2Cases cited21 opinions
- Griffin v. IllinoisSupreme Court of the United States · 1956
- State v. AdamsWashington Supreme Court · 1969
- Schmitt v. MatthewsCourt of Appeals of Washington · 1975
- In RE MASON v. CranorWashington Supreme Court · 1953
- Myers v. HarrisWashington Supreme Court · 1973
16 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Nevers v. Fireside, Inc.Washington Supreme Court · 1997
- Nevers v. Fireside, Inc.Washington Supreme Court · 1997
- Schaefco, Inc. v. Columbia River Gorge CommissionWashington Supreme Court · 1993
- Pybas v. PaolinoCourt of Appeals of Washington · 1994
- Griffith v. City of BellevueWashington Supreme Court · 1996
24 more not listed; retrieve them via the Exa API.