Marshall v. Miller

STEPHENS, Justice.

This is an original proceeding in which relator Arlene Marshall seeks a writ of mandamus to order Judge Miller to set aside her January 3, 1986 order sustaining the contest to Marshall’s affidavit of inability to pay costs on appeal and to allow Marshall to proceed as a pauper. Alternatively, Marshall requests that we order Judge Miller to set aside her finding that Marshall did not file the affidavit of inability to pay costs in good faith. We find no abuse of discretion in the trial court’s actions and, accordingly, we deny relator’s petition for writ of mandamus.

Marshall…