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VILLEGAS v. PATE

No. 13-95-468-CV.

913 S.W.2d 752 (1996)

Maria VILLEGAS, Individually and as Representative and Beneficiary of the Estate of Jose M. Villegas, Relator, v. The Honorable Robert PATE, Judge of the 28th District Court of Nueces County, Texas, Respondent.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled January 11, 1996.

Attorney(s) appearing for the Case

Willard G. Holgate, Corpus Christi, for relator.

Diane M. Henson, Austin, William W. Dibrell, Graves, Dougherty, Hearon & Moody, Austin, Lev Hunt, Hunt, Hermansen, McKibben & Barger, Corpus Christi, for real parties in interest.

Before SEERDEN, C.J., and DORSEY and HINOJOSA, JJ.

OPINION

SEERDEN, Chief Justice.

In this original mandamus proceeding, Maria Villegas, individually and as representative and beneficiary of the estate of Jose M. Villegas, complains that the trial court abused its discretion in sustaining a contest to her affidavit of inability to pay costs of appeal of the underlying case. We conditionally grant a writ of mandamus.

Villegas originally brought the underlying lawsuit against Griffin Industries, Inc...

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