Cronen v. Smith

OPINION

DUNN, Justice.

Relator, attempting to appeal an adverse judgment in his suit against the city of Pasadena for an allegedly illegal speed trap, seeks relief by way of mandamus from respondent’s order sustaining the district clerk’s contest to relator’s affidavit of inability to pay costs on appeal. Tex. R.App.P. 40(a)(3). We overrule relator’s motion for leave to file.

We first note that the verification attached to relator’s handwritten petition for writ of mandamus is signed only by a notary public and not by relator himself. Therefore, relator has failed to properly verify the truth of…