Opinion
CASE NO.: SC13-2087 Lower Tribunal No.: 3D13-2131 Lower Tribunal No.: 12-36576
02-17-2014
MATTIE LOMAX A/K/A TAMA TWYNETTE Appellant(s) v. ROOSEVELT IVORY Appellee(s)
AMENDED ORDER
Appellant's Motion for the Court to Take Notice, filed November 27, 2013, is hereby treated as a motion for leave to proceed in forma pauperis submitted in response to this Court's fee order of November 4, 2013. That order provided two, and only two, ways for appellant to comply in the "Notice of Appeal" context at hand: By submitting either (1) the $300.00 filing fee, or (2) an order of insolvency from the district court of appeal. Appellant has not submitted the $300.00 filing fee and, while she submitted various documents as attachments to her motion, the required insolvency order was not among them. Appellant has therefore failed to comply with this Court's order of November 4, 2013, which explicitly advised her that "[f]ailure to submit either of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice," and that "once this case is dismissed, it is not subject to reinstatement." Appellant's November 27, 2013, motion is accordingly denied, and the notice of appeal is hereby dismissed on the Court's own motion based on her failure to timely submit the $300.00 filing fee or an order of insolvency from the district court of appeal in accordance with this Court's order of November 4, 2013. A True Copy
Test:
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John A. Tomasino
Clerk, Supreme Court
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Served:
DOUGLAS DAVID STRATTON
MATTIE LOMAX
HON. HARVEY RUVIN, CLERK
HON. MARY CAY BLANKS, CLERK
HON. SPENCER EIG, JUDGE