DE-GAS, INC. v. MIDLAND RESOURCES

83-768.

470 So.2d 1218 (1985)

DE-GAS, INC, Stanley L. Graves, Alex F. Farris and D.O. "Red" Harden v. MIDLAND RESOURCES, a partnership, Phillip Sellers, Thomas B. Johnston, Ronald Verlander, and J. Flowers Crawford.

Supreme Court of Alabama.

May 10, 1985.


Attorney(s) appearing for the Case

Michael L. Edwards and Susan Salonimer of Berkowitz, Lefkovits, Isom, Edwards & Kushner, Birmingham, for appellants.

Mark D. McKnight of Ward & McKnight, Birmingham, for appellees.


BEATTY, Justice.

The defendants, De-Gas, Inc., Stanley L. Graves, Alex F. Farris, and D.O. Harden, bring this interlocutory appeal from the denial, in part, of their motion for summary judgment. The issue presented for our review is whether the delivery of a complaint and summonses to the circuit clerk, without payment of the filing fee required by § 12-19-70, Code of 1975, is sufficient to commence an action for statute of limitations purposes.

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