Watson v. Hart

Relator Wendell Watson, pro se, seeks a writ of mandamus to require respondent, the Honorable Joseph H. Hart, 1 to vacate an order sustaining in part the contests to Watson’s affidavit of inability to pay costs of appeal and to order that the allegations of the affidavit be taken as true. We will conditionally grant the writ.

I. BACKGROUND

Watson filed a petition for an equitable bill of review in the trial court. The trial court dismissed his petition with prejudice by an order signed April 9, 1993. On July 8, 1993, Watson filed an affidavit of inability to pay costs of appeal. 2 See…