Fuller v. Williams

Bell, Chief Judge.

The trial court dismissed the appeal in this case for delay caused by the failure of appellant to pay costs in the trial court or to file a pauper’s affidavit. The trial court found that the delay was both unreasonable and inexcusable. It was shown that defendant filed an original notice of appeal on December 20, 1976. On January 25, 1977 appellant’s counsel was mailed a statement of costs. On January 27, 1977 counsel requested and was furnished with an itemized statement. On February 4, 1977 the motion to dismiss the appeal was filed. The costs were finally paid on February…