Ray v. Williams

Banke, Judge.

The defendants in this medical malpractice case were awarded summary judgment, whereupon the plaintiff filed the first of three notices of appeal. Forty-three days later, the trial court granted a defense motion to dismiss the appeal for failure to pay costs. In the interim, the plaintiff had filed a motion for an extension of time in which to pay costs, but he apparently never obtained a ruling on it.

The plaintiff filed a second notice of appeal directed to the dismissal of his first appeal, attaching a pauper’s affidavit in lieu of costs. Both defendants traversed the…