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Slater v. Spence

State court clerk properly refused to file plaintiffs' complaint until they paid an additional fee for the alternative dispute resolution fund.

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James and Miley Slater sued Helen Spence in the State Court of Clark County for personal injuries arising out of an automobile accident that occurred on August 26, 1995. They dismissed the complaint without prejudice on February 20, 1998. The Slaters then refiled the complaint, which was stamped “filed” on August 25, 1998. Spence moved to dismiss the action on the ground that the statute of limitations had expired. The court granted the motion, and in three related enumerations of error, the Slaters appeal the dismissal of their complaint. We affirm.

The Slaters sent the second complaint with $60.00 for filing fees to the clerk of the State Court on August 14, 1998. This apparently was received by the clerk’s office on August 17, 1998. On August 21, however, the Slaters received a notice informing them that an additional $5.001 was required for the filing fees, which they submitted, and which apparently was not received by the clerk’s office until August 25, 1998, five days after the expiration of the statute of limitations.2

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