Del Castillo v. Lowry

J. CURTISS BROWN, Chief Justice.

This is an original proceeding in which Relator seeks Mandamus against the District Judge directing him to overrule the contest filed by the District Clerk of Harris County and the Harris County Children’s Protective Services. The case presents the question of the effect of multiple contests on the time schedule fixed by TEX.R. CIV.P. 355 relating to affidavit of inability to pay costs. We hold that the filing of the first contest fixes the time within which the trial court must rule by written order. We agree with Relators that Respondent was not authorized to…