Volpe v. Stephens

AKIN, Justice.

This is an original proceeding in which relator, Robert Volpe, seeks, pursuant to Tex.Rev.Civ.Stat.Ann. art. 1823 (Vernon 1964), to mandamus a court reporter, T. Mack Stephens, to prepare a statement of facts for appeal of a case pending between appellant and appellees, Charles and Joneen Scholobohm. Appellant filed a $500 cost bond in the trial court as required by Tex.R. Civ.P. 354. The reporter has filed a motion in this court to increase that cost bond to cover the cost of preparing the statement of facts. Tex.R.Civ.P. 365. We hold that a writ of mandamus should issue. We…