In Re Jones

The sole issue in this original mandamus proceeding is whether relator gave the notice required by former Rule 40(a)(3)(B), Tex. R.App. P., of her inability to give security for costs to perfect her appeal. We conclude she did.

Rule 40(a)(3)(B) required an appellant to give notice to the opposing party or the party’s attorney and to the court reporter within two days after filing an affidavit averring inability to give security for costs of appeal. Harvella Jones filed an affidavit of indigency to perfect appeal of an adverse judgment in her action against Donald Jecker. The same day she…