in Re Elmore J. Hardaway

Opinion

No. 04-99-00929-CV IN RE Elmore J. HARDAWAY Original Mandamus Proceeding Arising from the 288th Judicial District Court, Bexar County, Texas Trial Court No. 85-CI-00745

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: January 5, 2000

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus and is of the opinion that relator is not entitled to the relief sought. See In re Arroyo, 988 S.W.2d 737 (1998) (mandamus relief not appropriate because court of appeals can and should require the preparation and filing of the record necessary to review an order sustaining a contest to an affidavit of indigence within an appeal or proceeding pending in court of appeals where an affidavit of indigency is properly filed with the notice of appeal or within the original proceeding in accordance with rule 20(c) of the Texas Rules of Appellate Procedure). Relator's petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).

DO NOT PUBLISH