Underwood v. Cartwright

OPINION

DUNN, Justice.

Relator, Herman Alison Underwood, seeks relief from respondent’s order sustaining a contest to relator’s affidavit of inability to pay costs on appeal. Tex.R. App.P. 40(a)(3). Relator seeks a free statement of facts on appeal. Tex.R.App.P. 53(j)(l). The Harris County District Clerk and Contract Floor Covering, Inc., the defendant in the underlying litigation, filed contests to relator’s affidavit.

A writ of mandamus issues to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law. Johnson v. Fourth Court…