Opinion
No. 4D05-1164.
March 1, 2006.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County, Larry Schack, Judge, L.T. Case Nos. 04-509 CA and 04-571 CA.
Kenneth W. Kolb, Indiantown, pro se.
No brief filed on behalf of appellee.
We affirm the trial court's dismissal of appellant's cause of action because appellant failed to provide an affidavit of indigency in compliance with section 57.085(2), Florida Statutes. Although the clerk of court notified the appellant of the deficiency, he failed to correct it by filing an affidavit, and the trial court dismissed his complaint. Because compliance with section 57.085 is mandatory, dismissal was proper.
Affirmed.
STEVENSON, C.J., WARNER and HAZOURI, JJ., concur.
Not final until disposition of timely filed motion for rehearing.