Lee Allen Martin , Appellant

Director of Revenue

State of Missouri, Respondent

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 MANDATE of the Court of Appeals is void in that:

1. NO costs are itemized. Pursuant to Missouri Supreme Court Rule 84.18. The Court is to itemize the costs. Tillis V. City of Branson.

2. No Cost was asked for or maintained in the Opinion.

3. The Opinion of the Appellate Court did act as Writ of Procedendo. The Opinion did take to inform the trial court that a judgment was to be entered. Footnote 14 does further instruct the Trial Judge and therefore the appellant can not be considered the loser in the appeal process.

4. The Mandate of the 2nd day of March 2000 does not in any way reflect the Opinion. The Opinion of the 15th day of February 2000 does state that the Court of Appeals will have to dismiss the appeal because of lack of Jurisdiction. The Lack of Jurisdiction is very capably explained by the author of the Opinion as a lack of Judgment from the trial court. The Mandate of the 2nd day of March 2000 refers to the Trial Courts Judgment. This wording does render the Mandate Void. Tillis V. City of Branson

5. The Mandate of the Court is not signed. Ms Skinner Clerk of the Court has confirmed that the Mandate of the Court dated March 2nd, 2000 is unsigned. The appellant believes that the Mandate is the Order of the Court of Appeals and for the Court's Order to have force it must be signed. Without a Judges signature the Mandate is void.

Wherefore, the Mandate of the southern District Court of Appeals for the State of Missouri does not abide by the statute of the state of Missouri, and fails to follow the Missouri Supreme Court Rules. The Mandate is Void upon its face, in that the Mandate fails to reflect the true meaning of the Final Opinion the Appellant must ask that the Court reissue a Mandate that does reflect the Opinion of the Court that No Judgment was ever entered by the Court of the 37th Judicial Circuit For Howell County Honorable Ronald J. Garrett. That the Court of Appeals recognize that Footnote 14 of the Opinion does act as a Writ of Procedendo. The Court signs the Mandate that is to issue from it in the case at hand. That no cost are liable by the appellant, or in alternative itemize all costs.

Respectfully Submitted,

__________________________

Lee Allen Martin

7050 County Road 2810

West Plains, Mo. 65775

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 10th day of March 2000.

So certified: _____________________________

The foregoing pleading will be called for hearing before the court on March 22, 20000 at 1 pm or as soon thereafter as petitioner may be heard.

So noticed:

_______________________________

Lee Allen Martin