Thomas v. Frazier

CLARK, Presiding Judge.

This appeal presents the question of whether the circuit judge is without jurisdiction to review by trial de novo a cause heard by the associate circuit judge if the clerk serving the associate circuit judge has failed to mail notice to the opposing parties of the application for trial de novo within fifteen days.

Respondents Thomas as plaintiffs had judgment against appellant Frazier initially on January 11, 1980 for personal injuries and property damage. On January 21, 1980, Frazier filed an application for trial de novo, the appropriate notice for transfer of the case…