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

Summary

The Texas Supreme Court affirmed the Court of Appeals' finding that the trial court abused its discretion by sustaining the contest to Maria Villegas' affidavit of inability to pay costs, denying Griffin Industries' petition for mandamus. The Court held that dependence on public assistance establishes a prima facie case of indigency and that a contingency fee agreement does not negate indigent status when the attorney cannot pay the costs. Justice Baker dissented, arguing that the majority improperly reweighed evidence and overstepped its mandamus review authority.