PEOPLE'S LEGAL FRONT

IN THE 37^TH JUDICIAL DISTRICT OF THE STATE OF MISSOURI

HOWELL COUNTY

Lee Allen Martin, Petitioner )

)

Vs ) Case No: CV398-699CC

)

Director of Revenue, )

State of Missouri, Respondent )

)

MOTION FOR RETAXATION OF BILL OF COSTS

Comes now the Petitioner/Appellant, Lee Allen Martin, and does request pursuant to RSMo 514.270 the retaxation of costs by the court in the case at hand. Petitioner / Appellant states that the citations presented by the Clerk of the Court of the 37^th Judicial Circuit in the Supplemental Statement prepared by Fern Freeman Welder on the 10 the day of February, 1999 do not comply with the statutes as are stated in that:

1. Clerk Fee, pursuant to RSMo 488.012 does not apply to an appeal in trial de novo from a final decision of and Administrative Agency.
2. Automation Fee, pursuant to RSM0 476.053-488.012 is too vague so as to prevent the plaintiff from determining the statutory authority within which the clerk for the 37^th Judicial Circuit has taxed the automation fee.
3. Law Library Fee, pursuant to RSMo 514.440, does not apply to an appeal in trial de novo from a final decision of an Administrative Agency when the Petitioner was allow to file by waiver of costs. In forma pauperis is a waver of costs.

Wherefore, the Clerk of the 37^th Judicial Circuit misapplied the statutes of the State of Missouri, and the Clerk of the 37^th Judicial Circuit has failed to note that the filing fees of the trial court were waived, and that the statutory citations given are to vague to enforce a tax of fees against the Petitioner/Appellant the Petitioner/Appellant must request that the Bill of Costs be retaxed and amended to comply with the statutes of the State of Missouri.

Respectfully Submitted,

 

__________________________

Lee Allen Martin

7050 County Road 2810

West Plains, Mo. 65775

 

CERTIFICATE OF SERVICE

I hereby certify this pleading was served upon all attorneys of record for each of the parties to this action and all parties not represented by counsel, in the following manner:

( ) By delivering a copy to him/her;

( ) By leaving a copy at his/her office with the clerk;

( ) By leaving a copy at his/her office with an attorney associated with him/her;

(X) By mailing a copy to him/her, as prescribed by law;

( ) By faxing a copy to him/her.

On this 15^th day of February 1999.

So certified: _____________________________

Lee Allen Martin

 

 

 

 

 

NOTICE OF HEARING

The foregoing pleading will be called for hearing before the court on March 1, 1999 at 1 pm or as soon thereafter as petitioner may be heard.

So noticed:

_______________________________

Lee Allen Martin

 

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