John Briley v. Peacock Realty, Ltd., Jim Peacock, Gayle Peacock et al.

ARKANSAS SUPREME COURT

No. 04-640

NOT DESIGNATED FOR PUBLICATION

JOHN BRILEY

Petitioner

v.

PEACOCK REALTY, LTD., et al

Respondents

Opinion Delivered May 5, 2005

PRO SE MOTION FOR RECONSIDERATION OF DISMISSAL OF APPEAL [CIRCUIT COURT OF PULASKI COUNTY, NO. CV 2002-8410]

MOTION FOR RECONSIDERATION DENIED

PER CURIAM

In 2002, John Briley filed a pro se civil complaint against a realty company and its owners. On March 18, 2004, the court entered an order granting the defendants' motions for summary judgment. Briley filed a pro se notice of appeal from the order and tendered the record on appeal to this court. After being advised of the filing fee for lodging the appeal, Briley filed a motion to be permitted to proceed as a pauper on appeal from the order

The motion was denied inasmuch as petitioner Briley failed to demonstrate that he had a colorable cause of action as required by Rule 72 of the Rules of Civil Procedure. Briley v. Peacock Realty Limited Partnership, 04-640 (Ark. September 30, 2004) (per curiam).

More than a month after the motion was denied, petitioner sought reconsideration of the motion to proceed in forma pauperis. The motion was denied. Briley v. Peacock Realty Limited Partnership, 04-640 (Ark. January 20, 2005) (per curiam). We said when the motion was denied that petitioner would be allowed one final opportunity to tender the required filing fee within ten days of the date of the opinion. The fee was due here January 31, 2005.

On February 17, 2005, the appeal was dismissed for failure to remit the filing fee. On March 9, 2005, petitioner submitted the instant motion asking this court to reconsider dismissal of the appeal. The motion is a reiteration of the initial motion to proceed in forma pauperis and the motion for reconsideration of that motion. We find no basis for reconsideration and deny the instant motion. Our clerk is directed to accept no further motions for reconsideration in this matter.

Motion for reconsideration denied.