Modern Living, Inc. v. Alworth

OPINION

BURGESS, Justice.

This is a mandamus to seek a free statement of facts under TEX.R.APP.P. 13(k), 40(a)(3)(E), 53(j)(l). We conditionally grant the writ.

A judgment was entered that appellant/plaintiff take nothing in a trespass and conversion suit. Appellant filed an affidavit of inability to give security for costs in the trial court on January 12,1987. The filing was timely as a result of an extension granted by this court pursuant to TEX.R.APPP. 41• On January 14, 1987, appellant requested that the court reporter began preparation of the statement of facts. On January 21, 1987, the…