September 12, 1997

Mr. Ernest Welch Smith

Ms. Donna Marie Smith

c/o 348 Teague Drive

Kennesaw, Georgia 30152

Dear Mr. and Ms. Smith:

Enclosed please find the application forwarded to this Court under cover of your registered mail number R-556-913-327 and postmarked September 9, 1997. Please be advised that under Official Code of Georgia Annotated section 5-6-4, the clerk of this Court is prohibited from receiving application without the requisite $80.00 filing fee or a sufficient pauper's affidavit. Additionally, should you re-file the application, please make sure that it is filed as an original and two copies with exhibits tabbed and indexed. The copies of the application should have indices attached as well.

I have enclosed a copy of the rules of the Court of Appeals of Georgia for your review. If you are appealing the order denying the motion to recuse and the order granting motions for summary judgment of attorney fees, please be advised that that order was entered on August 5, 1997. An application needs to be filed with the Court within 30 days of the date of the entry of the order you are appealing. Otherwise, the Court may dismiss the application as being untimely.

Any questions about this matter, please feel free to contact me.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosures