Ex parte Tuck

In Ex parte Tuck, 622 So. 2d 929 (Ala. 1993) the defendant Herbert D. McKay sent a copy of a notice of appeal by fax to the Talladega County courthouse. The Court of Civil Appeals held that McKay's notice of appeal, transmitted by fax within 14 days, satisfied the requirement of 12-12-70(a), Ala. Code 1975, that an appeal from the district court to the circuit court be filed within 14 days. McKay v. Tuck, 622 So. 2d 926, 928 (Ala. Civ. App. 1992). However, Judge Robertson pointed out in his special writing that, because there was no facsimile machine in the circuit clerk's office, McKay's attorney sent a copy of the notice of appeal and security for costs by fax to another office in the Talladega County courthouse, with a cover sheet asking the recipient to take the document to the circuit clerk's office. 622 So. 2d at 928 (Robertson, P.J., concurring in the result). McKay advised the circuit clerk's office that he was mailing the original motion the same day. Id. at 927. The Court reversed the Court of Civil Appeals' holding that a faxed copy of a notice of appeal would be accepted as a properly filed notice of appeal, but it held that McKay's facsimile filing would be considered as timely, but for purposes of that particular appeal only. Ex parte Tuck, 622 So. 2d at 930. The Court ruled that after July 31, 1993, it would not recognize facsimile filings except as they might be specifically authorized by rule or statute. Id.