dissenting.
The clear language of A.R.S. § 12-2107 appears to me to require that the notice of appeal and preparation fee be filed simultaneously. There is no authority in the statute for the clerk to extend credit when the notice of appeal is filed. I agree with the Court of Appeals’ decision in Dept. of Economic Security v. Hall, 120 Ariz. 514, 586 P.2d 1326 (App.1978).
The decision by the majority has frustrated the purpose of the statute which is to have the appellant pay at least a small part of the expense associated with the preparation of an appellate record. Today’s decision places the clerk of the superior court in the unhappy position of being in the collection business while the appellate courts of this state decide on the famous “case by case” method what is a reasonable time within which to pay the preparation fee.
I dissent.