in Re Michael Tilotta

Opinion issued June 1, 2010

















In The

Court of Appeals

For The

First District of Texas




NO. 01-10-00418-CV




IN RE MICHAEL TILOTTA, Relator




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION (1)



By petition for writ of mandamus, relator, Michael Tilotta, challenges the trial court's order sustaining a contest to his affidavit of indigence.

We deny the petition for writ of mandamus. See Tex. R. App. P. 52.3(k)(1)(A) ("The appendix must contain . . . a certified or sworn copy of any order complained of , or any other document showing the matter complained of."). All outstanding motions are overruled as moot.



Per Curiam



Panel consists of Justices Keyes, Hanks, and Higley.



1. The underlying case is Michael Tilotta v. Dewana Smith-Tilotta, No. 2009-37647 in the 257th Judicial District Court of Harris County, Texas, the Hon. Judy Warne, presiding.