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  5. 934 S.W.2d 349 (1996)
 

GRIFFIN INDUS. v. THIRTEENTH CT. OF APP.

No. 96-0101.

934 S.W.2d 349 (1996)

GRIFFIN INDUSTRIES, INC., Larry Findley, Fermin Carlos Garza, David Gonzales, Russell McNorton, and Henry Villarreal, Relators, v. THE HONORABLE THIRTEENTH COURT OF APPEALS, Respondent.

Supreme Court of Texas.

Decided November 15, 1996.

Attorney(s) appearing for the Case

William Dibrell, Diane M. Henson, Austin, Lev Hunt, Corpus Christi, for Relators.

Willard G. Holgate, Corpus Christi, for Respondent.

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...

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