STATE OF MINNESOTA September 27, 2012

IN COURT OF APPEALS ____________________________________ David Bicking, Appellant, Michelle Gross,

ORDER A12-1604

Appellant, vs. Donald Bellfield, et al., Respondents. ____________________________________ BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE: 1.

This appeal was filed on September 7, 2012. Appellants, pro se, seek

review of a judgment entered on July 11, 2012. 2.

Appellants did not file an affidavit of service for the statement of the case.

See Minn. R. Civ. App. P. 133.03 (requiring that proof of service accompany a statement of the case). 3.

By notice of case filing dated September 11, 2012, the clerk of the appellate

courts, pursuant to this court’s direction, notified appellants of this deficiency and directed that it be remedied within ten days. 4.

On September 17, 2012, appellants filed an affidavit indicating that the

statement of the case was served by mail on September 7, 2012.

5.

On September 20, 2012, respondents’ counsel filed a letter stating that

appellants did not serve the statement of the case. Counsel states that on September 10, 2012, he received in the mail copies of the notice of appeal, a cover letter, and an affidavit of service. 6.

As directed below, appellants shall serve their statement of the case on

respondents’ counsel and file a corrected affidavit of service. IT IS HEREBY ORDERED: 1.

On or before October 9, 2012, appellants shall serve a copy of their

statement of the case on respondents’ counsel and file a corrected affidavit of service, showing the actual date of service of the statement of the case on respondents’ counsel. 2.

Appellants’ failure to comply with this order may result in the imposition of

sanctions, including dismissal of the appeal. Dated: September 26, 2012 BY THE COURT

/s/_______________________________ Matthew E. Johnson Chief Judge

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