Description

Appellant's appeal was wrongly dismissed while waiting for ruling on Motion to Recuse. The motion was opposed, under the Rules of appellate procedure, the clerk cannot rule on opposed motions. The clerk never presented the motion to the judges to rule on, rather she dismissed the appeal claiming failure to prosecute. Clerk violated Rule 42-1. Appellant was not notified that he had 14 days to file his brief. The clerk then sent five different letters claiming that appellant had ommitted documents needed for the appeal to go forward.