Bantuelle v. Renfroe

ON MOTION TO CONTEST FILING OF RECORD WITHOUT PAYMENT OF COSTS

GUITTARD, Chief Justice.

This appeal is before us on an affidavit of appellant’s inability to pay the costs or give security under rule 355 of the Texas Rules of Civil Procedure as amended January 1, 1981. Appellees have filed in this court a “motion to contest,” in which they alleged that they never received a notice of filing of the affidavit, as required by rule 355(b). They ask this court to “set an evidentiary hearing to determine whether Appellant complied in all respects with Rule 355.” Appellant contends that under the…