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WHEELER v. BAUM

No. 01-88-00919-CV.

764 S.W.2d 565 (1988)

Jacquelyn Annette WHEELER, Relator, v. The Honorable Robert B. BAUM, Judge of the 314th District Court, Harris County, Texas, Respondent.

Court of Appeals of Texas, Houston (1st Dist.).

December 1, 1988.

Attorney(s) appearing for the Case

Joseph L. Bart, Jr., Houston, for relator.

Donna M. Bobbitt, Ruth A. Brown, Houston, for respondent.

Before SMITH, DUGGAN and DUNN, JJ.

ORIGINAL PROCEEDING ON MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS

PER CURIAM.

Relator, Jacquelyn Annette Wheeler, seeks relief from respondent's order sustaining a contest to relator's affidavit of inability to pay costs. Relator claims that the order is void because Tex.R.App.P. 40(a)(3)(E) requires the contest to be determined by a signed written order within 10 days after the contest is filed, but the respondent's order was not signed until...

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