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Superior Auto Body & Tow, Inc. v. Yeager

Supreme Court of Montana

January 28, 2014

SUPERIOR AUTO BODY AND TOW, INC., Plaintiff and Appellee,
v.
MICHAEL YEAGER, Defendant and Appellant.

ORDER

Self-represented Appellant Michael Yeager filed a motion to proceed on appeal without payment of the filing fee, together with an affidavit in support, on December 26, 2013. Yeager states that he is not presently employed, but pursues his "retirement hobby" of restoring cars. On January 17, 2014, through counsel, Appellee Superior Auto Body and Tow, Inc., filed an objection to the motion with supporting affidavits disputing Yeager's claim of indigence. Although the Rules of Appellate Procedure do not contemplate a response to such motions, Yeager's own affidavit is sufficient to dispose of his request in this case.

Yeager acknowledged in his affidavit that he owns a home valued at $240, 000, but states that he lacks liquid assets. He represents that he is the title-holder of "a 2008 Honda S2000, a 2005 Ford F-350, a 1994 Jaguar, a 1987 boat/trailer, and unrestored and inoperable vehicles as the following: 2 1940's Jeeps, a 1983 Saab, a 1976 Mercedes and a 1940's boat/trailer." He states: "value of the unrestored/inoperable vehicles is anyone's guess, and that includes the wrecked (totaled) 2003 Aston Martin Vanquish which is the object of the agister's lien, which forms the basis of the judgment and for this appeal."

The purpose of M. R. App. P. 5 is to provide access to the courts for individuals who are truly indigent. Yeager owns real and personal property of a value sufficient to disqualify him to proceed without paying the filing fee.

Therefore,

IT IS ORDERED that the motion to proceed on appeal without payment of the filing fee is DENIED. Yeager is granted 30 days from and after the date of this Order to pay the filing fee, or on or before February 27, 2014. Failure to do so will result in summary dismissal of this appeal.

The Clerk is also directed to provide a copy hereof to counsel of record and to Michael Yeager.


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