RULE 14.5                  Appeal of Award

A.) Any party may appeal from the report and award of Arbitration.

B.) The appellant shall pay an appeal fee of One Hundred Twenty-five and no/100 Dollars ($125.00) to the Clerk of Courts and shall file with the Clerk of Courts a notice of appeal within thirty days of the filing of arbitrator's report. A copy of the notice shall be served upon opposing parties or their counsel by regular mail.

C.) In addition to the payment of the appeal fee and at the time of the filing of the notice of appeal, the appellant shall deposit with the Clerk of this Court a sum equal to the arbitrator fees paid by the opposing party or parties. In the event that the outcome of the case is adverse to the appellant, the Clerk of this Court shall then pay to the appellee(s) funds from this deposit to reimburse them for their expenses in paying the arbitrator.

D.) If the appeal results in a judgment different from that determined by the arbitrators, the Court shall assess costs against either or both of the parties as it may determine.

E.) A party without funds desiring to appeal an award may apply by a written motion and affidavit to the Court averring that by reason of poverty the party is unable to make the payments required for an appeal. If after due notice to the opposing parties, the judge assigned to the case is satisfied of the truth of the statements in such affidavit, the judge may order that the appeal of such party be allowed.

F.) Upon the filing of the notice of appeal and fees and costs the case shall be returned to the assigned judge for trial de novo.

G.) In the event of an appeal from the award, the arbitrators shall not be called as witnesses.