February 4, 1998

Mr. Roy L. Allen, II

The Allen Firm

Attorneys and Counselors-at-Law

The Nijem Building

311 East York Street

Savannah, Georgia 31401

RE:	A98A0672 .	Juanita Wells, et al v. John E. Martin, M.D.

Dear Mr. Allen:

I am in receipt of your letter dated January 19, 1998 which was postmarked January 20, 1998 and which arrived at our office on February 4, 1998. Your letter advises that you did timely file the brief and enumeration of errors in the above referenced matter.

The briefs and enumeration of errors were received, however, the mailing did not include the $80.00 filing fee, notwithstanding the statement to the contrary in your cover letter. My deputy, Gail Arceneaux , telephoned you to advise you of the fact that the filing fee did not accompany the brief and was advised by you that you would be sending the costs for the filing fee.

The Official Code of Georgia Annotated Section 5-6-4 states that the Clerk is prohibited from receiving briefs without the filing fee or sufficient pauper's affidavit. On January 6, 1998, after failing to receive the filing fee, the matter was dismissed.

The filing fee was not received until January 14, 1998.

Any attempt to have the Court reconsider its earlier dismissal, would have to have been filed within ten days of the date of the Court's dismissal order. However, pursuant to the Supreme Court's Per Curiam decision of December 18th and the notice from the State Bar of Georgia's Office of General Counsel dated December 31, 1997, I am informed that you have voluntarily surrendered your license to practice law, and as such, you are not permitted to represent parties in this matter. In fact, I have called your office and written you about other cases that are pending before this Court, but to date, I have had no response from you.

Roy L. Allen, II Letter

February 5, 1998

Page Two

The remittitur went out from this Court in this matter on January 23, 1998. As such, this Court no longer has jurisdiction over the matter. If you have any questions or would like to discuss this matter with me, please do not hesitate to contact me.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

cc:	Office of General Counsel

State Bar of Georgia