Elliott v. Walton

Marshall, Judge.

Appellant seeks reversal of the trial court’s order dismissing her appeal for failure to pay costs of the appeal.

The trial judge denied appellant’s motion for new trial on October 31, 1974. Appellant filed a notice of appeal on November 26. The clerk of the court had the transcript and record prepared for appeal and sent a bill for costs to appellant’s attorney on December 14, 1974. It was not until February 4, 1975, that appellant filed a pauper’s affidavit, and, on the same date, the appellee filed a motion for the trial court to dismiss appellant’s appeal pursuant to Code…