Griffin Industries, Inc. v. Honorable Thirteenth Court of Appeals

OWEN, Justice.'

In this mandamus proceeding, the trial court sustained a contest to an affidavit of inability to pay costs on appeal under Rule 40(a)(3) of the Texas Rules of Appellate Procedure. The court of appeals conditionally issued a writ of mandamus concluding that the trial court had abused its discretion. 913 S.W.2d 752. Griffin Industries sought mandamus relief in this Court, and we granted leave to file. Because we agree with the holdings of the court of appeals, we deny the petition for writ of mandamus.

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