Griffin Industries, Inc., Larry Findley, Fermin Carlos Garza, David Gonzales, Russell McNorton, and Henry…

Summary

The Texas Supreme Court affirmed the Court of Appeals' decision that the trial court abused its discretion by sustaining a contest to the appellant's affidavit of inability to pay costs; the petition for mandamus was denied. The Court held that dependence on public assistance establishes a prima facie showing of indigency, that the burden rests on the appellant, and that a contingency fee agreement that does not actually provide funds does not defeat indigent status.