Memorandum

To:	Judge J.D. Smith
From:	William L. Martin, III
Subject:	A98A0647 . Evans Toyota v. Cronic
Date:	July 6, 1998

Thank you for your memorandum of June 29, 1998 regarding the Motion for Frivolous Appeal and Damages in the above appeal. In reviewing the file and personnel records concerning this matter, I have determined that the motion was received in the Court of Appeals on December 31st. It was marked filed on December 6th, which was a state holiday, because it was mailed by certified mail on that date.

On December 31, Gail Arceneaux , my deputy, was on annual leave. As such, one of the other clerks in our office was filling in for Gail. I do not know who it was, but I feel like if Gail had been present, the error would not have occurred.

I do not offer that as an excuse, because regardless of the personnel dealing with the filings, the motion should have been docketed and delivered to your office with a Court action ticket.

The motion was docketed but for some reason, was not put in your basket to be delivered. It was either filed back by John Daniel or someone else.

I appreciate your bringing this to my attention and I shall reiterate to my staff the importance of delivering to the Court motions in a timely manner.

Thank you.

cc:	Gail Arceneaux