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above-captioned matter should not be dismissed with prejudice for failure to pay <br />the docket fee, states as follows: <br />1. The Appellant, Estella B. Leopold, joined with the Appellant, the City <br />of Blacl< Hawlc, in filing a Notice of Appeal of the Denver District's Court decision <br />in the above-captioned matter, and thus mistakenly believed that only one docket <br />fee would be required. <br />2. That the parties' Notice of Appeal was timely filed. <br />3. In discussing this matter with the Clerk of the Court of Appeals, the <br />attorneys for the City of Black Hawk were informed that only one docket fee <br />would be required, and that since the City was a municipal corporation, the <br />payment of a docket fee was waived. <br />4. Thus, the Appellant, Estella B. Leopold, having joined with the City <br />of Black Hawk and was not filing a separate appeal, believed, albeit mistakenly, <br />that a separate docket fee on her part, was not required. <br />5. The Appellant, Estella B. Leopold, did not intend or attempt to avoid <br />paying a docket fee, if one was required. <br />6. That the Appellant, Estella B. Leopold, hereby tenders her docket fee. <br />7. That no prejudice to any other party has or will result from the <br />Appellant's previous failure to file her docket fee. <br />2 <br />